Morton v. New York City Health & Hospitals Corp.

Appellate Division of the Supreme Court of New York

Morton v. New York City Health & Hospitals Corp.

8 A.D.3d 122, 779 N.Y.S.2d 35, 2004 N.Y. App. Div. LEXIS 8546

Appellate Division of the Supreme Court of the State of New York·Decided June 17, 2004·Published·Cited by 2 cases

Opinion

Judgment, Supreme Court, New York County (Leland De-Grasse, J.), entered April 29, 2003, which, upon a jury verdict, dismissed the complaint, unanimously affirmed, without costs.

Plaintiff argues that the trial court erred in charging the jury [123] that it could draw adverse inferences against plaintiff based on his failure to call two of his treating physicians and to introduce MRIs performed shortly after the accident. However, because the missing physicians and MRIs pertained only to damages, and because the jury, which found defendants negligent but that such negligence was not a substantial factor in causing plaintiffs injuries, never reached the issue of damages, the error, if any, was harmless and may not serve as a ground for a new trial (Gilbert v Luvin, 286 AD2d 600 [2001]). Concur— Buckley, P.J., Nardelli, Andrias, Williams and Gonzalez, JJ.

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Judgment, Supreme Court, New York County (Leland De-Grasse, J.), entered April 29, 2003, which, upon a jury verdict, dismissed the complaint, unanimously affirmed, without costs.

Plaintiff argues that the trial court erred in charging the jury [123] that it could draw adverse inferences against plaintiff based on his failure to call two of his treating physicians and to introduce MRIs performed shortly after the accident. However, because the missing physicians and MRIs pertained only to damages, and because the jury, which found defendants negligent but that such negligence was not a substantial factor in causing plaintiffs injuries, never reached the issue of damages, the error, if any, was harmless and may not serve as a ground for a new trial (Gilbert v Luvin, 286 AD2d 600 [2001]). Concur— Buckley, P.J., Nardelli, Andrias, Williams and Gonzalez, JJ.

Morton v. New York City Health & Hospitals Corp., 8 A.D.3d 122, 779 N.Y.S.2d 35, 2004 N.Y. App. Div. LEXIS 8546 (N.Y. Ct. App. 2004).

Pincite

8 A.D.3d 122 (Morton v. New York City Health & Hospitals Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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