The IME no-show at trial – the eagle has arisenAugust 6, 2013

Eagle Surgical Supply, Inc. v GEICO Gen. Ins. Co., 2013 NY Slip Op 51265(U)(App. Term 2d Dept. 2013)

“Defendant’s sole witness at trial was the scheduling supervisor for Empire Stat, an independent company which, the witness explained, scheduled IMEs and mailed IME notices for [*2]defendant. The witness testified that, based upon his review of the file, he had determined that plaintiff’s assignor had not appeared for two scheduled IMEs. Plaintiff correctly argues that defendant failed to submit evidence from a person with personal knowledge of the alleged nonappearances”

So again, we again learn that an individual with personal knowledge is necessary to substantiate the no-show at trial.  And again, an attempt to get around this reality allows for judgment to be entered.

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