From The Listserv (Continued from page 37)
tive. Hope this at least helps to provide a conceptual framework for your research.
From Anne Gbenjo:
annegbenjo@juno.com
See MUSSELMAN v. PHILLIPS. For those who enjoy proximity to the U.S. District Court in Baltimore, the case number is WMN-96-4075. The case was assigned to Grimm for resolution of dis- covery disputes. According to Grimm: When attorney communicates otherwise protected work product to expert witness retained for purpose of providing opin- ion testimony at trial, whether factual in nature or containing attorney’s opinions or impressions, that information is dis- coverable if it is considered by expert, even if expert did not rely upon it in forming his or her opinions. Fed. Rules Civ. Proc. Rule 26(b)(3), 28 U.S.C.A. Work prod- uct immunity did not protect from discovery materials that were furnished by plaintiff’s counsel to plaintiff’s testifying
experts for purpose of forming opinion as to plaintiff’s alleged injuries and con- ditions. Fed. Rules Civ. Proc. Rule 26(b)(3), 28 U.S.C.A. Work product im- munity protected from discovery, materials furnished by plaintiff ’s counsel to plaintiff’s testifying experts that merely contained administrative or procedural information; communications did not relate to opinion testimony to be offered at trial and were not provided to experts for use in forming their opinions. Fed. Rules Civ. Proc. Rule 26(b)(3), 28 U.S.C.A. Now I have the cite: 176 F.R.D. 194.
Medical Malpractice - Amended Complaint
From Sharon Christie:
sharonc@ix.netcom.com
I filed a med mal claim in Health Claims and waived out to Circuit Court. I have just learned the identity of the defendant’s employer and want to add the employer as an additional defendant. Can I simply amend the Circuit Court Com-
plaint or do I have to go back to Health Claims? There is no additional claim of negligence against the employer. It is a respondeat superior claim.
From Nicole Schultheis:
nschulth@interserv.com
I would not just amend. File a new
HCAO claim against your new defendant along with a COM, waive arbitration, then amend your existing complaint to include him.
From Gregory L. Lockwood:
gllockwood@popehughes.com
When I have added defendant after waiving to circuit court, I file amended complaint in circuit court only along with certificate of merit, with copy to Harry Chase. Mr. Chase will verify for you this is permissible. Then get new circuit court summons and serve on new defendant
“Next Friend” Problem
From David M. Kopstein:
davidmk@erols.com
I am getting ready to file suit on be- half of a minor in a car crash case. In all probability, the child’s only surviving par- ent, his mother, must be named as a defendant. This is now possible because of the new law abrogating parent/child immunity for the first $20K in coverage. My problem is: If the child’s only parent is going to be a named defendant, then who can serve as the child’s “next friend” for purposes of bringing the lawsuit? Do I have to get a court order appointing an- other individual as the child’s next friend for this purpose?
From David Albright:
dfalbrightjr@yahoo.com
I have the same situation in one of my
cases. I prepared a limited power of attor- ney (signed by the mother) designating a friendly attorney as the child’s attorney in fact. I then styled the Plaintiff as “ , mi- nor, by , attorney - in - fact.” I’m sending you a copy with the names redacted.
From Troy Powers:
tpowers@abs.net
Or have Mom assign a guardian (in writing) for purposes of the suit.
38
Trial Reporter
Summer 2002
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68