EST. OF HANGES v. METRO. PROP. & CAS. INS.

A-62 September Term 2009.

997 A.2d 954 (2010)

202 N.J. 369

The ESTATE OF Nick HANGES, Plaintiff-Respondent, v. METROPOLITAN PROPERTY & CASUALTY INSURANCE COMPANY, Defendant-Appellant.

Supreme Court of New Jersey.

Decided June 21, 2010.


Attorney(s) appearing for the Case

Jerald J. Howarth, Parsippany and Purnima D. Ramlakhan, argued the cause for appellant (Howarth & Associates, attorneys).

Demetrios K. Stratis, argued the cause for respondent.


Justice RIVERA-SOTO delivered the opinion of the Court.

N.J.R.E. 804(b)(6) codifies an exception to the hearsay rule. It allows, in civil proceedings only, the admission of "a statement made by a person unavailable as a witness because of death if the statement was made in good faith upon declarant's personal knowledge in circumstances indicating that it is trustworthy." Ibid.

In the context of a summary judgment motion, the trial court disallowed...

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