Construction Worker's Amended Bill of Particulars Is Really a Supplemental One, and He Doesn't Need Court Permission to Serve it

Court: Supreme Court, Appellate Division, Second Department

Case: Erickson v. Cross Ready Mix, Inc.

Date: Aug. 29, 2012

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens injury attorney)

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Facts: Erickson, a construction worker, was injured at a job site when a concrete truck's shoot swung out and struck him, knocking him into a hole. In is bill of particulars, he alleged that because of his accident his medical treatment would include future "lumbar spinal fusion surgery."

After his surgery, he made a motion to the Court to permit him to amend his bill of particulars to set down more injuries he suffered due to the spinal cord surgery. The lower court denied his motion to amend his bill of particulars.

The lower court reasoned that his supplemental bill of particulars was really an amended bill of particulars, but did not decide if this accident victim should be permitted to serve an amended bill of particulars.

Holding: An accident plaintiff may supplement his bill of particulars without the court"s permission to allege "continuing special damages and disabilities," if it sets down "no new cause of action ... or new injury."

Here, accident victim Erickson seeks only to claim continuing injuries stated in a previous bill of particulars and not an unrelated or new injury. His amended bill of particulars is really a supplemental bill of particulars and he didn"t require the court's permission to serve it. His motion is not necessary and is denied (but he really wins because he was permitted to add his other injuries).

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