
DEBORAH MARINO, EXECUTRIX FOR THE ESTATE OF ANITA CREUTZBERGER AND INDIVIDUAL HEIRS OF THE ESTATE OF ANITA CREUTZBERGER, PLAINTIFF-RESPONDENT, v. ABEX CORPORATION, BORG WARNER CORPORATION, DANA COMPANIES, LLC, HONEYWELL INTERNATIONAL, INC., KELSEY-HAYES COMPANY, MAREMONT CORPORATION, AND MOTION CONTROL INDUSTRIES, INC., DEFENDANTS, AND FORD MOTOR COMPANY, DEFENDANT-APPELLANT., 471 N.J. Super. 263
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HOLDINGS: [1]-The trial court did not err by admitting into evidence the decedent's statements to her treating physician under N.J.R.E. 803(c)(4) because her statements as to her and her husband's work histories, made in response to the treating physician's inquiry into the decedent's personal history of asbestos exposure, were made for the purpose of determining the possible cause of the decedent's mesothelioma; [2]-Even though the trial court erred by admitting the decedent's daughter's testimony that a treating physician told her that the decedent's mesothelioma was from asbestos, as it was not a statement made by a patient for purposes of medical diagnosis or treatment, the statement was not so definitive on the issue of the car manufacturer's liability that it had the capacity to cause an unjust result, as it did not specifically reference the manufacturer.