Myers v. Sadlor

Appellate Division of the Supreme Court of New York

Myers v. Sadlor

16 A.D.3d 257, 791 N.Y.S.2d 549, 2005 N.Y. App. Div. LEXIS 3008

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 22, 2005

StatusPublished

Cited by1 cases

This text of 16 A.D.3d 257 (Myers v. Sadlor) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Myers v. Sadlor, 16 A.D.3d 257, 791 N.Y.S.2d 549, 2005 N.Y. App. Div. LEXIS 3008 (N.Y. Ct. App. 2005).

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Opinion

Order, Supreme Court, Bronx County (Nelson Roman, J.), entered on or about August 31, 2004, which, to the extent appealed from, denied preclusion of medical evidence at trial due to spoliation, unanimously affirmed, without costs.

The original MRI of plaintiffs cervical spine shortly after the accident was inadvertently “corrupted” and destroyed by the medical imaging facility. Spoliation sanctions were denied because defendant failed to establish that the unavailability of the MRI film resulted from any intentional or willful act, or would impair his ability to defend against the claim of serious [258]*258injury (Herbert v City of New York, 12 AD3d 209 [2004]). Moreover, defendant has offered no plausible reason to regard the actual MRI film as “crucial” evidence when an abundance of other relevant medical evidence remains available to the parties for the period in question. Concur — Tom, J.P., Andrias, Saxe, Friedman and Nardelli, JJ.

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Order, Supreme Court, Bronx County (Nelson Roman, J.), entered on or about August 31, 2004, which, to the extent appealed from, denied preclusion of medical evidence at trial due to spoliation, unanimously affirmed, without costs.

The original MRI of plaintiffs cervical spine shortly after the accident was inadvertently “corrupted” and destroyed by the medical imaging facility. Spoliation sanctions were denied because defendant failed to establish that the unavailability of the MRI film resulted from any intentional or willful act, or would impair his ability to defend against the claim of serious [258]*258injury (Herbert v City of New York, 12 AD3d 209 [2004]). Moreover, defendant has offered no plausible reason to regard the actual MRI film as “crucial” evidence when an abundance of other relevant medical evidence remains available to the parties for the period in question. Concur — Tom, J.P., Andrias, Saxe, Friedman and Nardelli, JJ.

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Bluebook (online)

16 A.D.3d 257, 791 N.Y.S.2d 549, 2005 N.Y. App. Div. LEXIS 3008, Counsel Stack Legal Research, https://law.counselstack.com/opinion/myers-v-sadlor-nyappdiv-2005.

Opinion

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