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DIETZEMAN v. PETERSON

196 N.J. Super. 96 (1984)

481 A.2d 596

JOHN B. DIETZEMAN, PLAINTIFF, v. JOHN E. PETERSON AND REBECCA C. HOWE, DEFENDANTS AND THIRD PARTY PLAINTIFFS, v. WALTER CLEARY, III, THIRD PARTY DEFENDANT.

Superior Court of New Jersey, Law Division Morris County.

Decided January 23, 1984.

Attorney(s) appearing for the Case

Gerald M. Compeau, Jr. for plaintiff.

David S. Cramp for defendants Peterson and Howe.

W. Stephen Leary for third party defendant Cleary.

MacKENZIE, J.S.C.

This opinion considers the interplay between and the reconciliation of Evid.R. 56(2) and Evid.R. 63(12). The specific issue is whether a non-treating physician may be allowed to testify before a jury concerning the history of past and present complaints made to him by the injured plaintiff during the course of a physical examination. This is a bodily injury, automobile negligence action.

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