Fitzgerald v. Stanley Roberts, Inc.

Justice WALLACE, JR.,

concurring.

I concur in the result. I part company with the majority’s holding that it was error to prohibit defendants from using plaintiff’s expert as a witness.

*322In Graham v. Gielchinsky, 126 N.J. 361, 599 A.2d 149 (1991), we addressed a similar issue. There, the plaintiff consulted Dr. Frederick Primich, who found no negligence had occurred in the course of the defendant’s treatment of the plaintiff. Id. at 364, 599 A.2d 149. The plaintiff consulted a second expert, Dr. Joseph Silva, who concluded that the defendant had been negligent in his treatment of the plaintiff.…