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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 30, 2001

In this medical malpractice case, the jury found no cause of action against the cardiothoracic surgeon who implanted an artificial mitral valve in plaintiff’s heart. Plaintiff claims he was prejudiced by the trial court’s refusal to let his expert witness refer to a pamphlet provided by the manufacturer of the valve, outlining the proper method for its installation. That ruling, plaintiff argues, which followed questioning by defense counsel designed to indicate that there was no professional literature which supported the expert’s position, left the jury with the impression that plaintiff’s expert was a “lone wolf” with respect to his position and that there was no professional support for his thesis. Plaintiff contends his expert should have been permitted to refer to the pamphlet under the Learned Treatise provision of the Rules of Evidence, N.J.R.E. 803(c)(18), particularly after defendant had raised the issue. We agree, and accordingly we reverse and remand the matter for a new trial.

 
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