HomeMy WebLinkAbout0053 SULLIVAN V. SKEENS
75-565 CA
of t~e opinions expressed by the unidentified orthopedic surgpons.
He further testified that he had formed an opinion as to the proba-
ble negligence, or lack thereof, by DR. SULLIVAN in the TERRY case.
MR, MONTGOMERY has refused to testify as to his conference with
the orthopedic surgeons and refuses to express the opinions that
he had reached as to DR. SULLIVAN'S neglig~ ce upon the grounds
that this was his work product and that by revealing su~h infor-
mation, he would violate the attorney-client relationship between
himself and DR. SULLIVAN.
The Court determines that JOHN B. SULLIVAN, M.D., 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. MONTGO!?~RY: 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 malpractice suit are material to the present litigation
and cannot be otbained elsewhere by the Defendants. NO~W THERE-
FORE. it is
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~ 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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~ in regard~to his opinions as to the liability of the case and the ~
~ 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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~ JAMES I. TERRY vs. JOHN B. SULLIVAN. M.D.
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~ DONE and ORDERED in Chambers, at Fort Pierce St. Lucie
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rs County, Florida this ~ day of November. 1975. ~
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y Copies furnished to:
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~ See attached certification. g~j~K4~ P~
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~2'`~_~_ r. . _ _ ~ .-,_c~.,. .