McINTOSH v. SUPERIOR BULK LOGISTICS, INC., 10-CV-3144. (2012)
Court: District Court, E.D. New York
Number: infdco20120224c63
Visitors: 6
Filed: Feb. 22, 2012
Latest Update: Feb. 22, 2012
Summary: ORDER JACK B. WEINSTEIN, Senior District Judge. Having been hurt in an auto accident, plaintiff sues for physical injuries. Defendants move for summary judgment on the grounds that the damage caused was not serious and that plaintiff was not prevented from performing her customary daily activities for not less than 90 days during the 180 days immediately following the incident. A critical witness is treating physician Dr. Denny Rodriguez. His records should have been produced by plaintiff and
Summary: ORDER JACK B. WEINSTEIN, Senior District Judge. Having been hurt in an auto accident, plaintiff sues for physical injuries. Defendants move for summary judgment on the grounds that the damage caused was not serious and that plaintiff was not prevented from performing her customary daily activities for not less than 90 days during the 180 days immediately following the incident. A critical witness is treating physician Dr. Denny Rodriguez. His records should have been produced by plaintiff and ..
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ORDER
JACK B. WEINSTEIN, Senior District Judge.
Having been hurt in an auto accident, plaintiff sues for physical injuries. Defendants move for summary judgment on the grounds that the damage caused was not serious and that plaintiff was not prevented from performing her customary daily activities for not less than 90 days during the 180 days immediately following the incident.
A critical witness is treating physician Dr. Denny Rodriguez. His records should have been produced by plaintiff and made available to defendants by the close of discovery on August 31, 2011. To permit a sound decision on the merits, discovery is reopened so that Dr. Rodriguez's deposition can be promptly taken at plaintiffs expense, including cost of the transcript.
The motion for summary judgment is denied, but should be promptly renewed by defendants on the present papers, as supplemented by additional information obtained as a result of Dr. Rodriguez's deposition.
Source: Leagle
