Case Law Alerts
Court finds issue of fact based on statements in medical records.
The court denied summary judgment to the plaintiff on his Labor Law 241(6) claim based on conflicting versions of the accident in his testimony versus statements in the medical and workers’ compensation records. The medical records were properly considered in opposition to the motion, even though the statements in the records were not germane to treatment since they were admissions by the plaintiff. Moreover, even if hearsay, they are still admissible in opposition to the motion.
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2021 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.