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MORTON v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

8 A.D.3d 122 (2004)

779 N.Y.S.2d 35

WILLIAM MORTON, Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

June 17, 2004.

Plaintiff argues that the trial court erred in charging the jury 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...

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