EVERETT v. TIMMINS

108027/11. Appeal No. 11966. Case No. 2019-579.

187 A.D.3d 437 (2020)

133 N.Y.S.3d 1

2020 NY Slip Op 05451

Angelett Everett et al., Appellants, v. Robert Timmins et al., Respondents.

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

Decided October 6, 2020.


The trial court should not have refused to permit plaintiffs to call an IME watchdog as a rebuttal witness to impeach defendants' expert orthopedic surgeon's testimony that his examination of plaintiff Angelett Everett lasted over 30 minutes. Defendants were not caught off guard by plaintiffs' application to call the rebuttal witness, since the surgeon had testified to the watchdog's presence at the examination, and the watchdog's identity and affiliation were noted in the...

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