GONZENBACH v. RUDDY

No. 46271.

645 S.W.2d 27 (1982)

David S. GONZENBACH, Plaintiff-Appellant, v. The Honorable James RUDDY, Judge of the Circuit Court of St. Louis County, Missouri, Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division Six.

Motion for Rehearing and/or Transfer Denied December 17, 1982.

Application to Transfer Denied February 23, 1983.


Attorney(s) appearing for the Case

C. John Pleban, St. Louis, for plaintiff-appellant.

James Baker, Asst. Pros. Atty., Clayton, for defendant-respondent.


Motion for Rehearing and/or Transfer to Supreme Court Denied December 17, 1982.

CRIST, Judge.

Preliminary order in prohibition made absolute.

The question presented is whether or not the physician-patient privilege applies in a criminal case (DWI) to blood test evidence developed as a part of hospital treatment for trauma received in an automobile accident. Section 491.060 RSMo.1978.

On July 30, 1980, plaintiff David S. Gonzenbach, was involved...

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