Erin Rosenblit, Plaintiff-Appellant and Cross-Respondent v. John F. Zimmerman, Jr., D.C. and Health First…

Summary

The Supreme Court of New Jersey reversed the malpractice judgment because the trial court erred in excluding evidence of Dr. Zimmerman’s intentional alteration of medical records, and it also reversed the fraudulent concealment judgment, remitting punitive damages to $50,000. The Court affirmed that fraudulent concealment is the proper tort remedy for spoliation and articulated the elements of that tort.