Legal Opinion

Jacober v. St. Peter's Medical Center

Supreme Court of New Jersey

Decided July 8, 1992PublishedCited by 37 opinions

1Opinion of the Court

The opinion of the Court was delivered by

STEIN, J.

In Ruth v. Fenchel, 21 N.J. 171, 121 A.2d 373 (1956), we held that learned treatises may be admitted for impeachment purposes on cross-examination if the expert witness acknowledges them as recognized and standard authorities in the field. In this medical malpractice case, the defense experts acknowledged the reliability of plaintiffs’ proffered medical texts but refused to state that those texts were authoritative. Relying on Ruth, the trial court prevented plaintiffs from using medical literature to rebut the defense experts’ testimony. We…

2Cases cited46 opinions

  1. Darling v. Charleston Community Memorial HospitalIllinois Supreme Court · 1965
  2. Busik v. LevineSupreme Court of New Jersey · 1973
  3. Weinberg v. DingerSupreme Court of New Jersey · 1987
  4. Reilly v. PinkusSupreme Court of the United States · 1949
  5. Jefferey Dale Ellis, Administrator of the Estate of Margaret Ann Ellis, Deceased v. International Playtex, Inc., a Delaware CorporationCourt of Appeals for the Fourth Circuit · 1984

41 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Fischer v. CanarioSupreme Court of New Jersey · 1996
  2. State v. GuentherSupreme Court of New Jersey · 2004
  3. McDarby v. Merck & Co., Inc.New Jersey Superior Court Appellate Division · 2008
  4. Morlino v. MEDICAL CENTER OF OCEAN CTY.Supreme Court of New Jersey · 1998
  5. State v. ByrdSupreme Court of New Jersey · 2009

32 more not listed; retrieve them via the Exa API.

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