HOSPITAL’S ANSWER STRICKEN
Within days after slipping and falling in its reception area, JW asked Morgan Stanley Children's Hospital to preserve (and later supply) some 48 hours of video footage preceding the incident. But ultimately, when a personal injury case was later filed, the institution only provided about 12 seconds of tape and failed to explain with happened to the balance.
After JW made a motion to strike the hospital’s answer due to its “spoliation of evidence,” the New York County Supreme Court ended up siding with JW, and an appeal ensued.
Since the camera recordings were “crucial” to establishing “the origin of the substance plaintiff allegedly slipped on, and how long the condition existed,” the Appellate Division, First Department, agreed that JW’s motion was “providently” granted.
Now that’s one for the record ….
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