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LOUDON v. MHYRE

No. 54148-5.

110 Wn.2d 675 (1988)

756 P.2d 138

ROBERT LOUDON, Individually and as Personal Representative, Respondent, v. JAMES MHYRE, ET AL, Petitioners.

The Supreme Court of Washington, En Banc.

June 9, 1988.

Attorney(s) appearing for the Case

Lane, Powell, Moss & Miller, by Reed P. Schifferman and Richelle Gerow Bassetti, for petitioners Mhyre.

Williams, Kastner & Gibbs, by Mary H. Spillane, for petitioners Kenny.

Kargianis, Austin & Erickson, by Bruce A. Wolf, for respondent.

Patricia H. Wagner and Nancy E. Elliott on behalf of Washington Defense Trial Lawyers, amici curiae for petitioners.

Bryan P. Harnetiaux and Robert H. Whaley on behalf of Washington Trial Lawyers Association, amici curiae for respondent.

CALLOW, J.

The issue presented is whether defense counsel in a personal injury action may communicate ex parte with the plaintiff's treating physicians when the plaintiff has waived the physician-patient privilege. We hold that defense counsel may not engage in ex parte contact, but is limited to the formal discovery methods provided by court rule.

This is a wrongful death action brought by Robert Loudon, individually...

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