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STEMPLER v. SPEIDELL

100 N.J. 368 (1985)

495 A.2d 857

LARRY A. STEMPLER, INDIVIDUALLY AND AS GENERAL ADMINISTRATOR AND ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF BARBARA ANNE STEMPLER, DECEASED, PLAINTIFF-APPELLANT v. E. ALLAN SPEIDELL, M.D., DEFENDANT-RESPONDENT, AND BARBARA CONKLIN, DONNA WILCHEK, JOHN DOE, JOE ROE, ABC, INC., DEF, INC., ETC., DEFENDANTS.

The Supreme Court of New Jersey.

Decided July 29, 1985.

Attorney(s) appearing for the Case

William E. Schkeeper and Marc E. Lesser argued the cause for appellant (Kronisch and Schkeeper, attorneys).

Susan M. Sharko argued the cause for respondent (Shanley & Fisher, attorneys).

Timothy L. Barnes submitted a brief on behalf of amicus curiae The Association of Trial Lawyers of America (Barnes & Barnes, attorneys).

The opinion of the Court was delivered by STEIN, J.

The issue in this medical malpractice and wrongful death action is whether the defendant's counsel, as an aid to discovery, has the right to attempt to interview decedent's physicians ex parte with respect to matters relating to the litigation.

I

The facts material to our resolution of this question are not disputed. In June, 1983, Larry Stempler, individually and as general administrator...

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