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A.G. v. GUITRON

(CC 060909578; CA A137591; SC S059166).

268 P.3d 589 (2011)

351 Or. 465

A.G., Plaintiff-Appellant, Petitioner on Review, v. Robert GUITRON, Defendant-Respondent, and Aerobic and Dancewear Shoppe, LLC, dba Lake Oswego Academy of Dance, Defendant-Respondents, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided December 30, 2011.

Attorney(s) appearing for the Case

Jonathan A. Clark , PC, Stayton, argued the cause and filed the brief for petitioner on review.

Janet M. Schroer , Hoffman Hart & Wagner, Portland, argued the cause for respondent on review Aerobic and Dancewear Shoppe. Matthew J. Kalmanson , Hoffman Hart & Wagner, filed the brief. With him on the brief was Janet M. Schroer .

Charles S. Tauman , Corson & Johnson Law Firm, Eugene, filed a brief for amicus curiae Oregon Trial Lawyers Association. With him on the brief was Travis Eiva .

WALTERS, J.

In this civil action, we decide that ORCP 44 C required plaintiff to deliver to defendants, at defendants' request, a copy of all written reports of examinations related to the psychological injuries for which plaintiff sought recovery, including, specifically, the report of an examination by a psychologist retained by plaintiff's counsel for the purpose of the litigation. Because defendants requested and plaintiff failed to deliver that report, the trial...

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