HomeMy WebLinkAbout0051 SULLIVAN V. SKEENS +
75-565 CA ~
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SULLIVAN'S defense, he had obtained expert opinions and did other
research on behalf of DR. SULLIVAN. At his deposition, he refused
to produce his law file or to testify as to any of his findings or
conclusions, relying on the attorney-client privilege between him-
self and DR. SULLIVAN. ~
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- The Court determines that JOHN B. SULLIVAN, by the filing
of this suit, has waived any claim in regard to attorney-client °
relationship or the work product of his Attorney, ROBERT M. MONT-
GOMERY, JR., arising out of the former medical malpractice suit
which is the basis of DR. SULLIVAN'S cause of action in the present
suit. The Court determines that the factual matters and opinions
of ROBERT M. MONTGOMERY, JR., arising out of the former medical :
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malpractice suit are material to the present litigation and can-
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not be obtained elsewhere by the Defendants. That the work papers, '
statements, reports, and other matters contained in the law file
of ROBERT M. MONTGOMERY, JR., are material to the present cause of
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action and ~cannot be obtained elsewhere by the Defendants, are not
privileged, and should be produced. NOiW, THEREFORE, it is
' ORDERED and ADJUDGED that the witness, ROBERT M. MONTGOMERY,
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~ JR., be and he is hereby required to answer the deposition questions
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E in regard to his opinions as to the liability of the case and the
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~ information and opinions that he received from orthopedic surgeons
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~ and other experts with whom he consulted in regard to the case of
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~ JOHN Y. SKEENS vs. JOHN B. SULLIVAN, M.D., and that he be required
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~ to produce his legal file in this case for examination and copying
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Y for use in the present litigation.
~ DONE and ORDERED in Chambers, at Fort Pierce, St. Lucie
County, Florida, this ~ day of November, 1975. _
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~ _ ~ ~~'1 ~ CIRCUIT JUDGE
~ No~ 2~
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See attache~ certification. D R ~
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