The plaintiff was charged with the second-degree murder of her daughter based on an autopsy report by the defendant forensic pathologist, which concluded the cause of death was multiple stab wounds.
After a second autopsy revealed the wounds were likely caused by dog bites, the charges were withdrawn.
The plaintiff sued the pathologist for negligence, bad faith, and misfeasance in public office.
The pathologist appealed a motion judge's refusal to strike the claim.
The Divisional Court allowed the appeal, holding that the witness immunity rule applied to the pathologist's autopsy report and testimony at the preliminary inquiry, rendering him immune from civil suit.
