HARRIS v. DRAKE

No. 74025-9.

99 P.3d 872 (2004)

152 Wash.2d 480

Bradley R. HARRIS, individually, Respondent, v. Doris B. DRAKE, individually, and Dennis Drake, individually and the marital community composed thereof, Petitioners.

Supreme Court of Washington, En Banc.

Decided October 14, 2004.


Attorney(s) appearing for the Case

Marilee C. Erickson, Reed McClure, Two Union Square, Seattle, David Hadley Middleton, Federal Way, for Petitioner.

Kari Ingrid Lester, Ben F. Barcus & Associates PLLC, Tacoma, for Respondent.

Bryan Patrick Harnetiaux, Debra Leigh Williams Stephens, Spokane, for Amicus Curiae Washington State Trial Lawyers Association Foundation.


IRELAND, J.

In this case we consider whether the report of, and opinions gained from, a medical examination conducted pursuant to the terms of personal injury protection (PIP) in an automobile insurance policy may be considered work product in the subsequent litigation with the tortfeasor. We hold that the report may be entitled to the qualified immunity of the work product doctrine.

FACTS

Doris Drake, defendant/petitioner, rearended Bradley Harris...

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