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Saturday, March 28, 2015

FRANCES PARKER, Individually and as General Administratrix of the ESTATE OF DALE S. PARKER v. JOHN W. POOLE, M.D. A-1874-12T4

FRANCES PARKER, Individually and as General Administratrix of the ESTATE OF DALE S. PARKER v. JOHN W. POOLE, M.D. 
A-1874-12T4(NEWLY PUBLISHED OPINION FOR MARCH 17,2015) 

In this medical malpractice suit, we conclude the trial court's exclusion of defendant treating physician's deposition testimony on a critical issue of causation constituted reversible error. The trial court excluded the critical deposition testimony, finding that it was speculative. We hold that a party's answer to a valid deposition question is admissible to impeach contrary trial testimony, even if the answer is speculative. Following analogous federal precedent, hearsay statements admitted under the N.J.R.E. 803(b)(1) party-opponent exception are not subject to N.J.R.E. 701 personal-knowledge, trustworthiness, or lay-opinion requirements. 03/17/15