Records of calls made with a cell phone found in a car after a collision with a motorcycle are relevant to an ensuing lawsuit but only because the driver of the motorcycle, just before the crash, saw the car’s driver “with an object in her hand held to her head,” a Queens judge has ruled.
Supreme Court Justice Martin E. Ritholtz, in Morano v. Slattery Skanska, Inc., 16414/06, declined a motion to quash a subpoena for the records. However, he ordered an in camera review to determine what calls, if any, should be discoverable by the accident victim.
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