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STATE EX REL. McNUTT v. KEET

No. 53624.

432 S.W.2d 597 (1968)

STATE ex rel. Ival D. McNUTT and Springfield Ambulance Service of Springfield, Missouri, Inc., Relators, v. Honorable James H. KEET, Judge of the Circuit Court of Greene County, Missouri, Division No. 3, Respondent.

Supreme Court of Missouri, En Banc.

October 14, 1968.

Attorney(s) appearing for the Case

Daniel, Clampett, Ellis, Rittershouse & Dalton, W. Ray Daniel, B. H. Clampett, Springfield, for relators.

Miller, Fairman, Sanford, Carr & Lowther, Gerald H. Lowther, Henry W. Westbrooke, Jr., Thomas M. Campbell, Springfield, for respondent.

SEILER, Judge.

This is an original proceeding in mandamus instituted here. The determinative question is, once issue has been joined in a personal injury damage suit as to the extent of plaintiff's injuries, can the defendant obtain for discovery purposes, medical and hospital records, over plaintiff's objection of privilege under § 491.060(5), V.A.M.S.?

Plaintiffs in the damage suit from which this action in mandamus ensues, were involved in an automobile...

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