Discovery Flashcards
A man and a woman were in a two-car traffic accident. Immediately after the accident, the man was treated by a physician at a nearby hospital’s emergency room. The man later filed a negligence action against the woman in federal district court, seeking compensatory damages. The woman now seeks discovery regarding the emergency room physician’s observations, opinions, and treatment of the man.
Is the woman entitled to discovery regarding that information?
A - No, because such discovery is not relevant to the claim or defense of a party.
B - No, because the woman is not entitled to obtain discovery from persons who are not parties to the action.
C - Yes as to the physician’s observation and treatment, but the physician’s opinions are discoverable only if the man intends to call the physician as an expert witness at trial.
D - Yes, because the physician observed and treated the man and developed opinions about the man’s injuries for purposes other than litigation or trial.
The woman is entitled to discovery regarding the physician’s observations, opinions, and treatment of the man because the physician developed opinions about the man’s injuries for purposes other than litigation or trial.
T/F: Identities of people with knowledge of discoverable matters are discoverable, the plaintiff’s attorney’s list is not considered work product.
True.
