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PHIPPS v. SASSER

Nos. 39904, 39880.

74 Wn.2d 439 (1968)

445 P.2d 624

A.W. PHIPPS, as Administrator, et al., Petitioners, v. NORVIN SASSER et al., Respondents. ANDREW JACKSON ASHURST et al., Respondents, v. DALE WILLIAMS et al., Petitioners.

The Supreme Court of Washington, En Banc.

September 17, 1968.

Attorney(s) appearing for the Case

Schroeter, Jackson, Talbot & Smith, Sanford Skidmore, and Chas. H.W. Talbot, for petitioners Phipps et al.

Thomas D. Loftus, for petitioners Williams.

Horton, Wilkins, Horton & Bennett, by Hugh B. Horton, for respondents Sasser.

Schroeter, Jackson, Talbot & Smith, by Paul D. Jackson, for respondents Ashurst.

J. Murray Kleist, J. Donald Curran, W. Ronald Groshong, Thomas P. Keefe, John R. Lewis, Hugh Miracle, Theodore D. Peterson, J.P. Tonkoff, Robert P. Piper, Roy Moceri, and Frank Eberharter, amici curiae.

HILL, J.

Two superior court decisions are before us for review, each on a writ of certiorari. We deal with them in this single opinion because each raises the same question: Whether, and if so, when and to what extent a personal-injury plaintiff may be held to have waived his statutory physician-patient privilege1 before actual trial, thereby entitling defendant to pretrial discovery as to medical...

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