Motor Vehicle Accident: Harris v. Campbell (N.Y. App. Div., 4th Dept.)
December 31, 2017
In Harris, plaintiff commenced suit seeking damages for injuries sustained when her vehicle was rear-ended by a vehicle owned and operated by defendant. At trial, the Supreme Court, Erie County, limited the testimony of one of plaintiff’s treating physicians. While the physician testified he also had a Ph.D. in biomechanical engineering and that he often relies on his engineering background in his medical practice, no expert disclosure had been provided. A jury then returned a verdict in favor of defendant, and the Supreme Court, Erie County, entered a judgment dismissing the complaint. Plaintiff appealed.
The Fourth Department affirmed, holding the Supreme Court had properly sustained defendant’s objections to a line of questioning pertaining to biomechanics (i.e., regarding the amount of force needed to cause a lumbar injury), inasmuch as defendant had not received notice that the treating physician relied on his engineering background to support his opinions and conclusions about plaintiff’s injuries.