Tuesday, February 16, 2010

New Westlaw Citation For Trial Court Opinion on Expert Discovery

Here's the new Westlaw citation for the case of Barrick v. Holy Spirit Hospital, 2009 WL 5841789 (Cumberland Co. 2009 Hess, J.). In this case, the trial court ruled that a plaintiff's treating doctor, who also turns out to be the identified expert for trial for the plaintiff, must turn over correspondence the expert received from the plaintiff's attorney, particularly where, as in this case, the plaintiff's attorney discussed in his letters the strategy on the formulation of the expert's opinion.

This case has been appealed to the Superior Court by the Plaintiff and is currently in the briefing phase. I am in the process of drafting the amicus brief on behalf of the Pennsylvania Defense Institute. I will post a link to the brief once it is filed if anyone is interested. In the meantime, please contact me at dancummins@comcast.net should you wish to view a copy of the trial court's opinion.

Thanks to James Beck of the Philadelphia office the Dechert LLP law firm for securing the Westlaw citation.

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