In Agha v. Feiner, decided by the Appellate Division on December 18, 2007, a jury verdict following a trial on damages only in an automobile negligence action was reversed and remanded for the entry of a judgment for the defendants based on a violation of the principles set forth in Brun v. Cardoso . Neither of the plaintiff’s two expert witnesses (anesthesiologist and chiropractor) was qualified to read MRI films, but both testified about whether the plaintiff had a herniation; this was “a classic case of bootstrapping otherwise inadmissible MRI reports into evidence”; furthermore, this case “starkly presents the need for cross-examination of the doctor who read the MRI.” This case again highlights the importance of retaining a qualified physician to testify concerning objective testing results, and will apply equally to defendants who fail to retain a radiologist or similarly competent expert.
