In Wang v. 161 Hudson, LLC , Zhong Wang sued 161 Hudson, LLC after the scaffolding Wang was using collapsed.
At trial, Wang presented MRIs of his injury and a Kings County Supreme Court jury awarded him some $750,000 in damages.
On appeal, Hudson challenged the jury's finding of liability and the admissibility of the scans.
According to New York State law --CPLR 4532-a -- an MRI must be inscribed with the patient's name, notice must be given that a party intends to use it at trial, and, the scan must be accompanied by a doctor's sworn statement.
While it found the jury's verdict on liability to have been "based on a fair interpretation of the evidence," the Appellate Division, Second Department, believed Wang's noncompliance with state law required a do-over as far as his damages were concerned.
Will Wang get Zhonged?
To download a copy of the Appellate Division's decision, please use this link: Wang v. 161 Hudson, LLC