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Thursday, July 10, 2008

Kenia Alves v. Paul H. Rosenberg, M.D.

06-13-08 A-0015-07T1

In this medical malpractice action wherein no live witnesses testified, we held that the trial court erred in allowing the defense to read into the record extensive portions of the defendant's deposition testimony unrelated to the limited excerpts properly admitted by plaintiff in his case-in-chief under Rule 4:16-1. Neither Rule 4:16-1(b) ("And any other party may offer any other parts) nor the parallel doctrine of testimonial completeness, N.J.R.E. 106, allows the wholesale admission of inadmissible hearsay not necessary to supplement, explain or contextualize the admitted portion, or avoid misleading or confusing the trier of fact.