GALL EX REL. GALL v. JAMISON

No. 00SA81.

44 P.3d 233 (2002)

In re Kyrstan GALL, a minor, by and through her natural mother and guardian, Dawn GALL; Dawn Gall; and Gaylen Gall, Plaintiffs, v. Timothy JAMISON, M.D., and Jeffrey A. Clemens, M.D., Defendants.

Supreme Court of Colorado, En Banc.

April 8, 2002.


Attorney(s) appearing for the Case

Gaddis, Kin & Herd, P.C., James B. Turner, Colorado Springs, Colorado, Attorneys for Plaintiffs.

Kennedy & Christopher, P.C., John R. Mann, Edward D. Bronfin, Denver, Colorado, Attorneys for Defendant Jeffrey A. Clemens, M.D.

Montgomery, Little & McGrew, P.C., Kevin J. Kuhn, Patrick T. O'Rourke, Denver, Colorado, Attorneys for Defendant Timothy Jamison, M.D.

Campbell, Latiolais & Ruebel, P.C., Jeffrey Clay Ruebel, Robyn E. Berger, Denver, Colorado, Attorneys for Amicus Curiae Colorado Defense Lawyers Association.


Chief Justice MULLARKEY delivered the Opinion of the Court.

In this original proceeding pursuant to C.A.R. 21, we examine whether a written communication from an attorney to a retained testifying expert is discoverable notwithstanding the attorney's claim of work product privilege.

The plaintiffs in the underlying medical malpractice action sought interlocutory review of the trial court's order compelling them to produce correspondence between their counsel...

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