Estate of Grieco v. Schmidt

The opinion of the court was delivered by

FISHER, P.J.A.D.

In this medical malpractice action, plaintiffs — the estate and husband of the late Patricia Grieco — appeal an interlocutory order barring witnesses from recounting what Patricia said her doctor’s staff told her in response to her complaints of chest pains following surgery. Because the trial judge, in applying N.J.R.E. 804(b)(6), concluded the statements were untrustworthy — without having listened to the witnesses testify at a N.J.R.E. 104 hearing — we reverse.

The circumstances surrounding this evidence question are relatively…