ALBANY – Clarifying the rules of discovery in lead paint and toxic tort cases, the Court of Appeals on Thursday held that plaintiffs do not have to establish causation at the earliest litigation stages by providing detailed medical records supporting each allegation of harm.
In an opinion by Chief Judge Jonathan Lippman (See Profile), the court said a trial judge in Monroe County erred in requiring plaintiffs to produce medical reports, prior to defense medical examinations, establishing a professional diagnosis for each and every alleged injury.
