MATHIS v. HILDERBRAND

No. 694.

416 P.2d 8 (1966)

Sherwood W. MATHIS and Acme Electric Co., Petitioners, v. Kathleen HILDERBRAND, a minor, by her Father and Next Friend, Barnie Hilderbrand, and Barnie Hilderbrand, Individually, Respondents.

Supreme Court of Alaska.

Concurring Opinion July 15, 1966.


Attorney(s) appearing for the Case

Edward A. Merdes, McNealy & Merdes, Fairbanks, for petitioners.

No appearance for respondents.

Before NESBETT, C.J., and DIMOND and RABINOWITZ, JJ.


NESBETT, Chief Justice.

The issue presented for review is whether a plaintiff in a personal injury action waives the physician-patient privilege by the commencement of the action so as to permit his attending physician to testify on pre-trial deposition with respect to the injuries sued upon.

The respondent father commenced this negligence action on behalf of his minor child for damages for personal injuries. Petitioners propounded interrogatories which provided...

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