WEBER v. RYDER TRS INC (2008)

In an action to recover damages for personal injuries, etc., the defendants appeal from so much of an order of the Supreme Court, Kings County (Bayne, J.), dated May 15, 2007, as denied their motion to preclude the plaintiff Samuel Weber, Jr., from offering evidence on the issue of damages or, in the alternative, to compel that plaintiff to provide authorizations for the release of certain medical records.

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendants' motion which was to compel the plaintiff Samuel Weber, Jr., to provide authorizations for the release of his medical records pertaining to a prior right shoulder injury and surgery is granted.

 A party must provide duly executed and acknowledged written authorizations for the release of pertinent medical records when that party has waived the physician-patient privilege by affirmatively putting his or her physical or mental condition in issue (see CPLR 3121[a];  Dillenbeck v. Hess, 73 N.Y.2d 278, 539 N.Y.S.2d 707, 536 N.E.2d 1126;  Cynthia B. v. New Rochelle Hosp. Med. Ctr., 60 N.Y.2d 452, 456-457, 470 N.Y.S.2d 122, 458 N.E.2d 363;  Diamond v. Ross Orthopedic Group, P.C., 41 A.D.3d 768, 839 N.Y.S.2d 211), and CPLR 3101(a) requires full disclosure of all evidence material and necessary to the prosecution or defense of an action, regardless of the burden of proof (see Allen v. Crowell-Collier Publ. Co., 21 N.Y.2d 403, 288 N.Y.S.2d 449, 235 N.E.2d 430).   Here, information as to the nature and severity of the injured plaintiff's previous right shoulder injury and right shoulder surgery are material and necessary to the issue of damages, if any, recoverable for a claimed loss of enjoyment of life due to the current injuries sustained by him in the subject motor vehicle accident (see Diamond v. Ross Orthopedic Group, P.C., 41 A.D.3d at 769, 839 N.Y.S.2d 211;  Vanalst v. City of New York, 276 A.D.2d 789, 715 N.Y.S.2d 422).   Accordingly, that branch of the defendants' motion which was to compel the plaintiff Samuel Weber, Jr., to provide authorizations for the release of his medical records pertaining to a prior right shoulder injury and surgery should have been granted.