Thomas v Hudson Group HG Retail, LLC

Summary

The Appellate Division, Second Department affirmed a judgment dismissing the plaintiff's personal-injury action after a jury found that the subject motor vehicle accident was not a substantial factor in causing the plaintiff's injuries. The court held that the verdict was supported by a fair interpretation of the evidence and that the trial court properly admitted CT scan films through business-records testimony without relying on CPLR 3122-a or 4532-a.

Holdings

1. The jury's verdict for the defendants was not contrary to the weight of the evidence because it was based on a fair interpretation of the evidence.
2. The Supreme Court properly admitted the CT scan films as business records based on testimony from the records custodian, and the defendants were not required to comply with CPLR 3122-a or 4532-a because they did not seek admission under either statute.

Questions Presented

1. Whether the jury's verdict finding that the accident was not a substantial factor in causing the plaintiff's injuries was contrary to the weight of the evidence.
2. Whether the Supreme Court properly admitted films of a CT scan as business records based on the testimony of the records custodian without compliance with CPLR 3122-a or 4532-a.

Disposition

affirmed