![]() ![]() After a 2012 accident, plaintiff had surgery to her right knee. ![]() Over her counsel's objection, plaintiff testified at her deposition that in October 2009 she had surgery on her left knee and began to ambulate with the aid of a cane. In her bill of particulars, plaintiff alleges injuries only to her cervical spine, lumbar spine and left shoulder. to recover damages for personal injuries allegedly sustained in the accident. She commenced this action against defendants Rafael Gomez and Don Thomas Buses, Inc. Plaintiff Benedicta Brito was allegedly involved in a motor vehicle accident on May 5, 2014. Based on our settled precedent, we find that the privilege is waived only for injuries affirmatively placed in controversy. We are asked on this appeal to decide whether a litigant in a personal injury action who makes a claim for lost earnings and loss of enjoyment of life waives the physician-patient privilege with respect to prior injuries not raised in the lawsuit. Briggs Johnson of counsel), for appellants. Lewis Brisbois Bisgaard & Smith LLP, New York (Nicholas Hurzeler and C. Douglas, J.), entered on or about June 30, 2016, which, to the extent appealed from as limited by the brief, denied defendants' motion to strike the note of issue and to compel plaintiff to provide discovery relating to prior treatment of her knees. Rafael Gomez, et al., Defendants-Appellants.ĭefendants appeal from the order of the Supreme Court, Bronx County (Laura G. This opinion is uncorrected and subject to revision before publication in the Official Reports.īenedicta Brito, Plaintiff-Respondent, Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
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