METZLER v. VANDERGRIENDT


254 N.J. Super. 278 (1991)

603 A.2d 182

HARRY F. METZLER, GENERAL ADMINISTRATOR OF THE ESTATE OF ANTOINETTE M. METZLER, DECEASED AND HARRY F. METZLER, INDIVIDUALLY, PLAINTIFFS, v. MARNIX O. VANDERGRIENDT, ET AL., DEFENDANTS.

Superior Court of New Jersey, Law Division Somerset County.

December 19, 1991.


Attorney(s) appearing for the Case

Adrian I. Karp, for plaintiff Metzler.

Edward R. Martin, for defendant Vandergriendt (Martin and Simmonds, attorneys).


ARNOLD, P.J.Cv.

This is a wrongful death action arising from an automobile accident. A novel issue was raised during plaintiff's case in chief when plaintiff's counsel sought to introduce evidence that the defendant had asserted the Fifth Amendment privilege against self incrimination when the police sought to question him about the accident. This court ruled that such evidence is not admissible and this opinion is intended to supplement the court's oral opinion....

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