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Rosenblit v. Zimmerman

New Jersey Supreme Court
766 A.2d 749 (2001)

Written by Sharon Feldman, JD

Facts

Erin Rosenblit (plaintiff) received medical treatment from Dr. John Zimmerman (defendant). Rosenblit obtained a copy of her medical chart and subsequently sued Zimmerman for medical malpractice. During discovery, Zimmerman produced a medical chart that was different from the one Rosenblit had received. Anticipating that Rosenblit would file a medical-malpractice action, Zimmerman had intentionally destroyed and altered Rosenblit’s records. Rosenblit amended her complaint to include counts for spoliation and fraudulent concealment of evidence. In a bifurcated trial, the jury returned a verdict for Zimmerman on Rosenblit’s medical-malpractice claim and found for Rosenblit on her fraudulent-concealment claim. The judgments were affirmed on appeal. Rosenblit and Zimmerman both appealed to the supreme court.

Rule of Law

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Issue

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Holding and Reasoning (Long, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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