demand for bill of particulars lead paint

DEMAND FOR BILL OF PARTICULARS LEAD PAINT TRIAL

(q) right lower extremity weakness and atrophy with profound edema (p) trauma to the abdomen causing multiple thrombi of the bilateral lower extremities and abdomen (o) increased swelling/lymphedema of the right lower extremity secondary to vascular bypass (n) right lower extremity trauma to the veins and arteries (m) numbness to right thigh with pins and needles to right calf and foot and pain of the right foot requiring a cane to assist with ambulation (k) tenderness to the bilateral paraspinal muscles and over the lumbar spinous process (j) sensory motor axonal and demyelinating peripheral polyneuropathy dysfunction affecting the bilateral lower extremities confirmed by EMG study taken on Decem

(i) exacerbation of prior asymptomatic vascular condition (h) severe progressive low back pain with severe progressive left lower extremity pain and weakness (g) vascular disruption of the anterior vascular arteries leading into the lower extremities requiring surgery including a decompressive lumbar laminectomy and lumbosacral spinal fusion at the L5-S1 segment (e) right shoulder rotator cuff syndrome (b) fatigue, difficulty sleeping, difficulty concentrating and performing activities of daily living (a) low back pain radiating to right leg with numbness and tingling in feet and toes The bill of particulars alleges that plaintiff suffered the following permanent injuries as a result of his accident on June 14, 2010: (Glazer Affirm., Ex G ¶¶ 14-15.) The motor car of the train allegedly stopped violently and abruptly when it struck a pipe that had fallen onto the train tracks, causing plaintiff to be thrown forward and backward. According to the bill of particulars dated August 28, 2012, plaintiff was working and traveling in a muck car, a type of train car. On June 14, 2010, plaintiff, a 56 year old male, was allegedly injured while working as a sandhog on the East Side Access Project, in a tunnel 60 feet below ground. The dispute over the authorizations that plaintiff must provide presents an issue which the Appellate Divisions have treated differently: whether a plaintiff has waived the physician-patient privilege as to his or her entire medical history by asserting claims for loss of enjoyment of life, future lost earnings and total disability due to permanent physical injuries.

DEMAND FOR BILL OF PARTICULARS LEAD PAINT TRIAL

Defendants also seek an order of preclusion against plaintiff from offering evidence at trial of any injuries due to plaintiff's refusal to provide authorizations and to submit to the PVR test and duplex examination.

In this action alleging violations of the Labor Law, defendants move for an order to compel plaintiff: (1) to provide authorizations for the release of medical records (2) to appear for a further deposition related to medical records sought in this motion (3) to appear for a further medical examination before a vascular surgeon for a pulse volume recording (PVR) test and duplex examination and (4) to pay the fees associated with the further medical examination. Metropolitan Transportation Authority, MTA CAPITAL CONSTRUCTION, MTA NEW YORK CITY TRANSIT AUTHORITY, MTA BRIDGES AND TUNNELS, MTA LONG ISLAND RAILROAD, MTA LONG ISLAND BUS, MTA METRO-NORTH RAILROAD, THE CITY OF NEW YORK, URS CORPORATION-NEW YORK, PB AMERICAS INC., PARSONS BRINCKERHOFF AMERICAS, P.C., PARSONS TRANSPORTATION GROUP INC., PARSONS TRANSPORTATION GROUP OF NEW YORK, INC., STV GROUP, INC., A JOINT VENTURE OF PB AMERICAS, STV AND PARSONS TRANSPORTATION GROUP, NEW YORK and SCHIAVONE CONSTRUCTION CO., LLC, Defendants.

This opinion is uncorrected and will not be published in the printed Official Reports. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

Demand for bill of particulars lead paint