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STATE EX REL. AM. ECONOMY INS. v. CRAWFORD

No. SC 83739.

75 S.W.3d 244 (2002)

STATE ex rel. AMERICAN ECONOMY INSURANCE COMPANY, Relator, v. Honorable William C. CRAWFORD, Circuit Judge, Jasper County Circuit Court, Respondent.

Supreme Court of Missouri, En Banc.

May 28, 2002.

Attorney(s) appearing for the Case

Paul P. Hasty, Jr., Daniel R. DeFoe, Overland Park, for Relator.

Kala A. Spigarelli, Fred J. Spigarelli, Pittsburg, Roger Johnson, Scott Johnson, Joblin, Timothy M. Aylward, Sara Y. Fulkerson, Bridget R. Downing, Thomas W. Wagstaff, Marc K. Erickson, Kansas City, for Respondent.

STEPHEN N. LIMBAUGH, JR., Chief Justice.

This is a discovery dispute in which the Court is asked to revisit the issue of waivers of work product privilege regarding expert witnesses. The precise issue presented is whether a waiver occurs as to an expert who was designated as a testifying expert in prior litigation between the same parties and whose reports were disclosed to opposing counsel in that prior litigation, but whose designation as a testifying expert was...

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