NEWSOME BY AND THROUGH NEWSOME v. LOWE


699 S.W.2d 748 (1985)

Jarred NEWSOME, an infant, By and Through his Next Friends, Anthony NEWSOME, Jr., and Theresa Newsome, Petitioner, v. Hon. Charles E. LOWE, Jr., Judge, Pike Circuit Court, Division No. II, Respondent.

Court of Appeals of Kentucky.

July 5, 1985.


Attorney(s) appearing for the Case

Joe C. Savage, Savage, Garmer & Elliott, P.S.C., Lexington, for petitioners.

William J. Baird III, Baird & Baird, Jack T. Page, Charles E. Lowe, Jr., Pikeville, for Harry Altman.

Before COMBS, McDONALD and WILHOIT, JJ.


McDONALD, Judge:

This opinion is in response to a writ of prohibition sought by the plaintiffs in a medical malpractice action. The plaintiffs, petitioners in this court, are seeking to narrow the discovery methodology available to the respondent whom they have charged with negligence in handling the birth of Jarred Newsome. Prior to filing suit, and in anticipation of litigation, counsel for petitioner retained the services...

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