Towards the end of 2010, we won a jury trial in which the jury found that our client had suffered a permanent injury to her back in a car crash. The defense argued that our expert should not have been allowed to testify that the injury was permanent, nor read the client’s MRI films at trial, and without that evidence the case should be dismissed. Daniel Levy from this office argued the case before the Appellate Division. The court agreed that the defense was clearly on notice that the plaintiff’s expert would testify at trial regarding the permanent injury, and that the doctor was qualified to read MRI films. As such, there was clearly sufficient evidence for the jury to have rendered a verdict in favor of the plaintiff. The Appellate Division agreed that there was absolutely no need for the plaintiff’s expert to render a formal, narrative report prior to testifying at trial, especially in light of the fact that he was her treating doctor.
The full opinion can be accessed Here
Congratulations to Daniel Levy on his success in the Appellate Division.Posted by admin Posted on 27 Feb