Nerney v. Garden State Hosp

In Nerney v. Garden State Hosp., 229 N.J. Super. 37, 550 A.2d 1003 (App.Div.1988), the Court held that even if an X-ray constitutes a writing under the best evidence rule, testimony regarding its content is admissible upon a showing that it was lost or destroyed without fraudulent intent, unless, of course, such testimony would result in substantial prejudice to the other party. 229 N.J. Super. at 40, 550 A.2d 1003.