Jasmin v. Raju

In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Rockland County (Miller, J.), dated October 24, 1994, which is in favor of the defendant and against them, dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

The plaintiffs failed to sustain their burden of showing that a missing witness charge should not be given regarding a radiologist who had performed an MRI on Noramie Jasmin in 1992. The physicians who testified gave conflicting testimony regarding the MRI results. Therefore, the…