Gomez v Uber Tech., Inc.

Holding The Appellate Division affirmed summary judgment dismissing the complaint because the defendants established that the plaintiff’s alleged injuries were preexisting degenerative conditions not caused by the collision. The plaintiff failed to raise an issue of fact regarding causation because his medical records were inadmissible and his treating physician did not examine him contemporaneously with the accident.

The court’s words

the radiologist concluded that the conditions shown in those images were preexisting degenerative conditions that could not have been caused by the motor vehicle collision

2026 NY Slip Op 05722, at the official text

unsworn and uncertified medical records documenting treatment in the first few months after the collision are inadmissible and cannot be bootstrapped into evidence

2026 NY Slip Op 05722, at the official text

he first examined plaintiff three months after the accident and therefore did not contemporaneously observe plaintiff's injuries

2026 NY Slip Op 05722, at the official text