LUSTER v. BROWN

No. CC994.

386 S.E.2d 489 (1989)

Ronald LUSTER and Sharon Luster v. James E. BROWN.

Supreme Court of Appeals of West Virginia.

October 30, 1989.


Attorney(s) appearing for the Case

Kathryn R. Bayless, Bayless, Wills & Archer, Princeton, Kermit J. Moore, Bluefield, for appellant.

Ben B. White, III, Princeton, for appellee.


BROTHERTON, Chief Justice:

This case involves two questions certified to this Court from the Circuit Court of Mercer County. The questions are as follows:

1. Whether a party who is examined at the request of the opposing party (pursuant to West Virginia Rule of Civil Procedure 35) has a right to use the opinion of that examining physician either by supplying a copy of that report to any other physicians or experts, or by putting the report into evidence at...

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