On November 8, 2018, the Honorable Fernando Tapia, of the Supreme Court, Bronx County, granted Mr. Patterson’s motion for a directed verdict on behalf of his client, a board certified surgeon.  Plaintiff claimed the defendant negligently performed a partial colectomy on the then 42 year old woman for removal of a benign lesion, leading to a stroke, peritonitis, and multiple surgeries, including bilateral oophorectomies.  The plaintiff was left permanently disabled and unable to return to gainful employment.  Mr. Patterson moved to dismiss, arguing that plaintiff’s expert testimony was outside the scope of the pre-trial expert disclosure, and thus inadmissible.  The Court agreed and granted the application, dismissing the case with prejudice.