McKenney v. Jersey City Medical Center

Summary

The Supreme Court of New Jersey held that defense counsel has a continuing obligation to disclose to opposing counsel and the court a material anticipated change in a party's or material witness's deposition testimony. The court concluded that the undisclosed changes in testimony substantially prejudiced the plaintiffs in this medical malpractice and wrongful-birth action. It therefore reversed and remanded for a new trial, holding that the trial court abused its discretion by denying a mistrial.

Holdings

1. When an attorney knows that a client or material witness intends to deviate materially from deposition testimony, the attorney has a continuing obligation to seasonably disclose that anticipated change to the adversary and the trial court.
2. The trial court abused its discretion by denying a mistrial because the undisclosed, materially changed testimony was prejudicial, was introduced after plaintiffs had rested, and could have influenced the jury's determination of proximate cause.

Questions Presented

1. Whether defense counsel has a continuing obligation to disclose to opposing counsel and the trial court that a party or material witness will materially depart from prior deposition testimony.
2. Whether plaintiffs were entitled to a mistrial and a new trial when materially changed testimony was disclosed only after plaintiffs had rested.

Disposition

reversed_and_remanded