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COYLE v. ESTATE OF SIMON

247 N.J. Super. 277 (1991)

588 A.2d 1293

LEONARD COYLE AND DEL COYLE, HIS WIFE, PLAINTIFFS-APPELLANTS, v. ESTATE OF ERICH H.W. SIMON, M.D., DEFENDANT-RESPONDENT, AND RICHARD A. DAVIS, M.D., DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided April 12, 1991.

Attorney(s) appearing for the Case

Bryan D. Garruto argued the cause for appellants (Garruto, Galex & Cantor, attorneys; Ruth V. Simon, on the brief).

Christopher J. Christie argued the cause for respondent (Dughi and Hewit, attorneys; Michael J. Keating and Nancy M. Rigassio, on the brief).

Before Judges MICHELS, BRODY and D'ANNUNZIO.

The opinion of the court was delivered by BRODY, J.A.D.

This appeal requires us to consider the extent to which plaintiffs have waived the attorney-client privilege respecting written statements they had given their attorney. The trial judge ruled that the privilege was waived with respect to the entire contents of the statements when plaintiffs' attorney gave copies to two experts he had engaged to testify at trial. We granted plaintiffs' motion for leave to appeal...

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