STATE EX REL. GRIMM v. ASHMANSKAS

No. 82-0373C, SC S30668.

690 P.2d 1063 (1984)

298 Or. 206

STATE of Oregon ex rel. Billy Joe GRIMM, Plaintiff-Relator, v. Honorable Donald C. ASHMANSKAS, Defendant.

Supreme Court of Oregon, In Banc.

Decided November 20, 1984.


Attorney(s) appearing for the Case

William L. Hallmark, of Hallmark, Griffith & Keating, Portland, argued the cause and filed the briefs for defendant.

John A. Wetteland, Jr., Portland, argued the cause for plaintiff-relator. With him on brief was Lawrence Wobbrock, Portland.

Thomas E. Cooney, of Cooney, Crew & Wihtol, Portland, argued the cause amicus curiae on behalf of the Or. Medical Ass'n. With him on brief was Connie K. Elkins, Portland.

Richard P. Noble, P.C., Portland, argued the cause amicus curiae on behalf of the Or. Trial Lawyers Ass'n. With him on brief was Kathryn H. Clarke, Portland.

Richard K. Hansen, of Schwabe, Williamson, Wyatt, Moore & Roberts, Portland, filed a brief amicus curiae on behalf of the Or. Ass'n of Defense Counsel. With him on brief was David C. Landis, of Landis, Aebi & Bailey, P.C., Portland.


JONES, Justice.

This is an alternative writ of mandamus proceeding brought by plaintiff-relator (plaintiff) against defendant, a judge of the Circuit Court of the State of Oregon for Washington County.

Plaintiff, Billy Joe Grimm, filed a claim for medical malpractice against Dr. Patrick Choong and, as part of plaintiff's pretrial discovery, voluntarily deposed Dr. Choong concerning his treatment of plaintiff's condition. Counsel for Dr. Choong then sought...

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