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LINDELL v. KALUGIN

(CC CV10040946; SC S059437).

297 P.3d 1266 (2013)

353 Or. 338

Paul G. LINDELL, Jr., Plaintiff-Relator, v. Alex KALUGIN, Defendant, and Countryside Construction, Inc., an Oregon corporation, Defendant-Adverse Party.

Supreme Court of Oregon, En Banc.

Resubmitted January 7, 2013.

Decided March 7, 2013.

Attorney(s) appearing for the Case

Helen C. Tompkins , Lake Oswego, argued the cause and filed the brief for plaintiff-relator.

Michael A. Lehner , Lehner & Rodrigues, P.C., Portland, argued the cause and filed the brief for defendant-adverse party.

Kathryn H. Clarke , Portland, argued the cause and filed the brief for amicus curiae Oregon Trial Lawyers Association.

Lindsey H. Hughes , Keating Jones Hughes, P.C., Portland, filed the brief for amicus curiae Oregon Association of Defense Counsel.

LANDAU, J.

In this personal injury action, defendant Kalugin moved for a defense medical examination pursuant to ORCP 44 A. Plaintiff Lindell objected on the ground that he would not submit to such an examination without being allowed to bring a friend, family member, or counsel with him. The trial court declined to impose the discovery condition that Lindell requested. Lindell then petitioned this court for a writ of mandamus compelling the trial court to permit...

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