STIGLIANO v. CONNAUGHT LABORATORIES


140 N.J. 305 (1995)

658 A.2d 715

JESSICA STIGLIANO, AN INFANT, BY FRANK STIGLIANO, HER FATHER, AND MARIA STIGLIANO, HER MOTHER, HER PARENTS AND NATURAL GUARDIANS; AND FRANK STIGLIANO AND MARIA STIGLIANO, INDIVIDUALLY; AND AS THE PARENTS AND NATURAL GUARDIANS OF THE INFANT, JESSICA STIGLIANO, PLAINTIFFS-APPELLANTS, v. CONNAUGHT LABORATORIES, INC., A FOREIGN CORPORATION AND NIHAL S. NAGAHAWATTE, M.D., A PHYSICIAN AND SURGEON LICENSED TO PRACTICE MEDICINE AND SURGERY IN THE STATE OF NEW JERSEY; JOINTLY, SEVERALLY, INDIVIDUALLY AND IN THE ALTERNATIVE, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided May 31, 1995.


Attorney(s) appearing for the Case

E. Drew Britcher argued the cause for appellants (Stern, Steiger, Croland, Tanenbaum & Schielke, attorneys; Mr. Britcher and Armand Leone, Jr., on the brief).

Stephen O. Mortenson argued the cause for respondent Nihal S. Nagahawatte, M.D. (Mortenson and Pomeroy, attorneys).

Keith G. Von Glahn argued the cause for respondent Connaught Laboratories, Inc. (Wilson, Elser, Moskowitz, Edelman & Dicker, attorneys; Sally H. Atkins, on the brief).

David S. Stone submitted a brief on behalf of amicus curiae, Medical Society of New Jersey (Stern & Greenberg, attorneys).


The opinion of the Court was delivered by POLLOCK, J.

The issue in this medical-malpractice and product-liability action is whether defendants may introduce videotape depositions of plaintiffs' treating physicians in which they describe the cause of the infant plaintiff's chronic-seizure syndrome. The Law Division granted plaintiffs' motion to bar the testimony. In a reported opinion, the Appellate Division reversed. 270 N.J.Super. 373

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