Cross-Examination – Pospis Law, PLLC

August 3, 2017 by mjpospis

Cross-Examination of Personal Injury Plaintiff Regarding Employment and Doctor Referrals Properly Limited

In Sehgal v. www.nyairportsbus.com, Inc., 2017 NY Slip Op 05990 (App. Div. 2d Dept. Aug. 2, 2017) – a hit-in-the-rear car accident personal injury case – the court held that the trial court properly precluded the defendants from asking the injured plaintiff questions about his employment by the law firm representing him in the action and his…

Medical Text Properly Used During Cross-Examination; Court Rejects Purported “Semantic Trick” as to the “Authoritative” Status of Work

In Kearney v Papish, 2016 NY Slip Op 00697 (App. Div. 2nd Dept. Feb. 3, 2016), a medical malpractice action, the court affirmed the denial of a motion to set aside a defense verdict. This decision is instructive as to when an expert has deemed material “authoritative” such that they may be confronted with it on…

Car Accident Plaintiff Entitled to Documents to Show Bias, Motive, or Interest of Insurance Company-Retained Examining Physician, Fourth Department Holds

In Dominicci v. Ford, a rear-end motor vehicle accident case decided July 3, 2014, the Fourth Department affirmed the denial of State Farm Automobile Insurance Company’s motion to quash plaintiff’s subpoena for documents. State Farm retained a physician to conduct an “independent medical examination”, or “IME”, of the plaintiff on behalf of defendant. Plaintiff then…