Unmarked Lung X-ray Reason for New Trial, New York Court Rules

NEW YORK - A railroad assessed damages for alleged asbestos exposure suffered by three of its employees has been granted a new trial in part because one of the claimant's X-rays failed to contain proper identification when it was placed into evidence. Aguirre v. Long Island Rail Road Co., No. 2000-04484, 2000-05382 (N.Y. Sup. Ct., App. Div.).

The Second Department of the New York Supreme Court, Appellate Division, ruled Sept. 10 that the Long Island Rail Road Co. was entitled to a new trial on all issues of liability and damages for what amounts to an apparent miscue by the …