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The rambling man does not meet burden of lack of medical necessity at trialMarch 26, 2014

Webster Ave Med. Pavilion, PC v Allstate Ins. Co., 2014 NY Slip Op 50393(U)(App. Term 1st Dept. 2014)

“The trial court was entitled to reject the sparse and confusing opinion testimony offered by defendant’s medical expert — which reflected the expert’s confessed lack of knowledge as to the assignor’s medical condition at the time of testing — even though the expert’s testimony was unopposed”

4 Responses

  1. trial lawyer says:

    Those were the good old days when wise seasoned Jurists would fail to credit garbled peer review hearsay.I’m sure Juana took copious notes. lol

  2. Alan Klaus says:

    Love it. “Garbled peer review hearsay”

  3. kurt lundgren says:

    I echo that sentiment.

    It recently came to my attention that Dr. William Ross, an IME/Peer doctor had passed away.

    As lawyers what we do can become very sober – and the cat and mouse games of no fault can become ever more sobering.

    But that is business. We all know that.

    The passing of Dr. Ross – someone with whom I had heated cross examinations – and also discussed wife, kids and books outside the courtroom – is a very sad event. He was a true doctor, a wonderful advocate for the insurance companies, and credit to his profession.

    Dr. Ross was a true gentleman, a man of many talents, a great family man, and wonderful doctor. I and many others shall miss seeing him in Court. My prayers to his family, and I shall surely miss him.

  4. kurt lundgren says:

    The NY Time Obit is as follows for Dr. Ross:

    ROSS–Dr. William Allan, a Long Island internist, died at his home on December 30, 2013. He was 65. Dr. Ross was born on November 8, 1948 to Shirley and Daniel Ross in New York. He attended Bayside High School, where he helped earn Bayside the city swimming championship. He went on to compete nationally for Colgate University, and later on the Masters Swimmers circuit. Dr. Ross attended medical school at SUNY Downstate, was chief resident at Long Island Jewish, a fellow in gastroenterology at Mount Sinai, and practiced for more than 25 years. By all accounts, Dr. Ross was a skilled and beloved physician, an unparalleled diagnostician with a caring bedside manner–a doctor’s doctor. In 1972, Dr. Ross met his wife Cheryl. Together they raised four boys at their Great Neck home. This year, Bill and Cheryl celebrated their 40th anniversary. Dr. Ross is survived by his wife, Cheryl, his four sons, Jeffrey (Solange), Raymond (Tracy), Michael (Yael), and Daniel (Shari) and ten grandchildren. He also leaves behind his sister, Paula Kaplan, brother, Charles Ross, and mother, Shirley Ross. In lieu of flowers, please send donations to the Lustgarten Foundation – See more at: http://www.legacy.com/obituaries/nytimes/obituary.aspx?pid=168924290#sthash.7fx3nCFi.dpuf

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