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McKenney v. Jersey City Medical Center

Defense counsel had an obligation to communicate to plaintiff's counsel and the court material changes in defense witnesses' testimony where defense counsel discovered prior to trial that there would be such changes. Plaintiffs were entitled to a mistrial when the anticipated change was not disclosed until after plaintiffs had concluded the presentation of their case.

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Argued February 26, 2001

On certification to the Superior Court, Appellate Division, whose opinion is reported at 330 N.J. Super. 568 (2000).

This medical malpractice case raises two narrow issues: whether defense counsel has an obligation to communicate material changes in defense witnesses’ testimony to counsel for the plaintiffs when defense counsel discovers that there will be such change prior to trial, and whether plaintiffs were entitled to a mistrial when the anticipated change in testimony was not disclosed until after plaintiffs had rested. We conclude that because a mistrial should have been declared, plaintiffs are entitled to a new trial.

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