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BROOKS v. JOHNSON

560 A.2d 1001 (1989)

Thomas R. BROOKS, M.D. & Johnson, Brooks, Komins & Obstetrics & Gynecology Association, a Delaware Corporation, Defendants Below, Appellants, v. Edith E. JOHNSON, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: May 8, 1989.

Attorney(s) appearing for the Case

Victor F. Battaglia (argued), and Paul A. Bradley of Biggs & Battaglia, Wilmington, for appellants Thomas R. Brooks, M.D. and Johnson, Brooks, Komins and Obstetrics & Gynecology Ass'n.

David W. Lynch, Dept. of Justice, Wilmington, for intervenor Medical Malpractice Review Panel.

Ben T. Castle (argued), and Bruce L. Silverstein of Young, Conaway, Stargatt & Taylor, Wilmington, for appellee.

Before CHRISTIE, C.J., HORSEY, MOORE, WALSH and HOLLAND, JJ., constituting the Court en Banc.

MOORE, Justice.

We accepted this interlocutory appeal because it presents the important question whether members of a medical malpractice review panel (the panel) may be subpoenaed, called as a witness, or deposed in companion litigation regarding their decisions. Edith Johnson sought to examine at trial members of a panel which had rendered a decision adverse to her. The Superior Court denied motions to quash the subpoena and for a protective order as well as a motion...

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