Practice point: Medical record statements regarding the way the accident happened are admissible as business records if they were germane to diagnosis or treatment.
Students should note that statements might be admissible as admissions if they are inconsistent with plaintiff’s current account of the accident, and if they are satisfactorily connected to the patient.
Case: Kamolov v. BIA Group, LLC, NY Slip Op 09890 (2d Dept. 2010)
Here is the decision.
Tomorrow’s issue: Motion practice.
