Brueckner v. Simpson

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Orange County (Barone, J.), dated August 4, 1992, which, upon a jury verdict determining that the plaintiff had not suffered a serious injury, is in favor of the defendant and against him.

Ordered that the judgment is affirmed, with costs.

The plaintiff contends that the trial court erred in denying his request for a missing witness charge with respect to a physician who examined the plaintiff on the defendant’s behalf. When a doctor who examines the plaintiff on the defendant’s…