Ordered that the judgment is affirmed, with costs.
The plaintiffs failed to sustain their burden of showing that a missing witness charge should not be given regarding a radiologist who had performed an MRI on Noramie Jasmin in 1992. The physicians who testified gave conflicting testimony regarding the MRI results. Therefore, the radiologist's testimony was critical in resolving the issue of whether a pre-existing injury existed and it was not cumulative (see<...
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