Last month, the Appellate Division Second Department overturned the judgment of a lower court in which a jury found a doctor not to be liable in a medical malpractice action. The Appellate Division reversed the entry of the judgment after finding that the lower court made an improper determination to allow evidence of the doctor’s custom and practice evidence. Continue reading “Second Department Remands Medical Malpractice Case Decided on Evidence of Habit”
The defendant sought to introduce evidence from the plaintiff’s Facebook account to contradict the plaintiff’s claim that her “social network went from huge to nothing.” During deposition, the plaintiff had admitted to posting photographs depicting her engaged in fun activities. The plaintiff had deactivated her Facebook account sometime after the accident and after the commencement of the case. Subsequently, the defendant made a motion to obtain all the plaintiff’s Facebook records without limitation. This included all text messages sent through Facebook, photographs, and any other content posted.