R 3043.Bill of particulars in personal injury actions

Section 3043 takes the general demand authority in section 3041 and applies it to personal injury cases, listing the categories of detail a defendant may require: the date and approximate time of the occurrence, its approximate location, a general statement of the acts or omissions said to be negligent, whether the case relies on actual or constructive notice of a dangerous condition (and if actual, when and to whom notice was given), the plaintiff's injuries and which of them are claimed to be permanent, and -- in a motor vehicle case -- whether the plaintiff meets the 'serious injury' or economic-loss thresholds under the Insurance Law. It also covers how long the plaintiff was confined to bed or house, how long the plaintiff missed work, and the specific dollar totals claimed for medical bills, lost earnings (with the employer's name and address), hospital expenses, and nursing services.

Because injuries and expenses keep accumulating after a bill of particulars is first served, subdivision (b) lets a plaintiff serve a supplemental bill covering continuing special damages and disabilities without asking the court's permission, as long as it's served at least thirty days before trial. That supplemental bill can't smuggle in a new cause of action or a new injury -- it can only update the numbers on damages already claimed -- and it entitles the defendant, on seven days' notice, to reopen discovery, but only on those continuing items.

Subdivision (c) reminds the court that the list in subdivision (a) isn't a ceiling or a floor: a court can deny any of the specified particulars in a case where they don't fit, or require particulars beyond the list where the case calls for it.