T.L. v. Goldberg, which was the subject of a reported Appellate Division opinion where the panel split 2-1 in favor of plaintiffs, reversing the Law Division and awarding plaintiffs a new trial, has now reached the Supreme Court. The Appellate Division’s ruling was discussed here. Defendants filed an appeal as of right, based on the dissenting opinion in the Appellate Division.
The question presented on the appeal, as phrased by the Supreme Court Clerk’s Office, is “In this medical malpractice action, did defense counsel’s failure to disclose that the defendant doctor’s trial testimony would differ from his interrogatory answers and deposition testimony result in plain error that required a new trial?” The case may have a significant impact on the ethics of trial practice and will be closely watched.