Fourth Department — Medical Testimony: Seawright v. Crooks and Rambo Jr.

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Appellate Division, Fourth Department

Medical Testimony

Non-Testifying Professionals

Seawright v. Crooks and Rambo Jr.
CA 11-00036
Appealed from Supreme Court, Monroe County

Background: The plaintiff brought an action seeking damages for injuries he sustained while a passenger in a vehicle that rear-ended another vehicle. The plaintiff was a passenger in a vehicle operated by one of the defendants and owned by the other. The defendants had stipulated to negligence, but went to trial on the issues of serious injury, proximate cause and damages. The jury found for the plaintiff and the defendants moved to set aside the verdict that the jury’s award deviated materially from what would be reasonable compensation. The court denied the motion.

Ruling: The appellate division reversed the judgment and granted the defendants’ post-trial motion. The appellate division found that the court had erred in permitting plaintiff’s treating practitioners to testify concerning the findings of non-testifying medical professionals who conducted independent medical examinations. The court had also erred in allowing testifying medical professionals to testify about the contents of reports created by non-testifying professionals.

Norman E.S. Greene of Bouvier Partnership LLP for the defendants-appellants; Richard P. Amico of Cellino & Barnes PC for the plaintiff-respondent