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Thursday, March 5, 2009

2-26-09 Agha v. Feiner, et.al. (A-1-08)

2-26-09 Mahmoud Agha v. Valerie M. Feiner, et.al. (A-1-08)

The testimony of a physician qualified to interpret an MRI was
required to establish that the MRI represented proof of a
herniated disc, and, absent such testimony, the trial court was
required to give a limiting instruction regarding the jury’s use
of the MRI. Because the trial court’s rulings had the effect of
lulling Agha into believing that the production of the
radiologist who prepared the report was unnecessary, a new trial
is required.