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CONN v. REBUSTILLO

DOCKET NO. A-1421-15T3

138 A.3d 545 (2016)

445 N.J. Super. 349

Patricia T. CONN, as Executrix ad Prosequendum of the Estate of David W. Conn, deceased, and Patricia T. Conn, individually and per quod, Plaintiffs-Respondents, v. Babylin REBUSTILLO, an individual, Rachael Loahr, an individual, and Newton Memorial Hospital, a business entity, a/k/a Newton Medical Center, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided May 4, 2016.

Attorney(s) appearing for the Case

Peter A. Marra argued the cause for appellants (Schenck, Price, Smith & King, LLP, attorneys; Mr. Marra and Sandra Calvert Nathans , Florham Park, on the brief).

Paul R. Garelick , Edison, argued the cause for respondents (Lombardi & Lombardi, P.A., attorneys; Mr. Garelick , on the brief).

Before Judges ESPINOSA, ROTHSTADT and CURRIER.

The opinion of the court was delivered by

The Patient Safety Act (PSA), N.J.S.A. 26:2H-12.23 to -12.25, establishes an absolute privilege for two categories of documents. N.J.S.A. 26:2H-12.25(f) (subsection (f) privilege) applies to the first category, which consists of documents received by the Department...

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