In motor vehicle negligence actions, plaintiffs frequently claim injuries purportedly demonstrated by X-ray or MRI films. CPLR �4532(a) provides a convenient way of putting films in evidence, thereby avoiding problems with foundational testimony at trial. Alternatively, written reports interpreting these films may be admissible as business or hospital records under CPLR �4518(a) or (c).
But what happens when the films are not in evidence, and the reports are not admissible as business or hospital records? Instead, plaintiff offers an expert opinion based on hearsay written reports of another physician who is not testifying.
