Estate of Nick Hanges v. Metropolitan Property & Casualty Insurance Company (A-62-09)6-21-10
The trial court’s exclusion of decedent’s statement to
the police constitutes an abuse of discretion and
cannot be sustained. Furthermore, because the trial
court should have considered decedent’s statement to
the police as competent, relevant and material
evidence of a “phantom vehicle” and because the
Supreme Court owes no deference to the trial court’s
legal conclusions in respect of its summary judgment
order, the Court concludes that the entry of summary
judgment in defendant’s favor was in error.
