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DAHLTON v. KYSER

(CC 19CV36397)(SC S068871).

513 P.3d 598 (2022)

370 Or. 34

Jessica DAHLTON, as Personal Representative of the Estate of Holland Dahlton, Deceased, Plaintiff-Relator, v. James KYSER, M. D. and Pediatric Cardiology Center of Oregon, P.C., Defendants, and Susan Allen, N. D., dba Triangolo Family Clinic, Defendant-Adverse Party.

Supreme Court of Oregon, En Banc.

July 8, 2022.

Attorney(s) appearing for the Case

Robert H. Beatty-Walters , Law Office of Robert Beatty-Walters, Portland, argued the cause on behalf of plaintiff-relator. Lisa T. Hunt , Law Office of Lisa T. Hunt, LLC, Lake Oswego, filed the brief. Also on the brief was Robert H. Beatty-Walters.

J. Aaron Landau , Harrang Long Gary Rudnick P.C., Eugene, argued the cause and filed the brief for defendant-adverse party. Also on the brief were Adina Matasaru , and Iayesha Smith , Harrang Long Gary Rudnick P.C., Portland.

Rhett G. Fraser , Huegli Fraser P.C., Portland, filed the brief in support of the petition for mandamus for amicus curiae Oregon Trial Lawyers Association.

ORCP 44 C provides that, "[i]n a civil action where a claim is made for damages for injuries to the party," the claimant, upon request, must disclose to the adverse party certain medical records "relating to injuries for which recovery is sought." That rule creates an exception to the privileges that otherwise might protect such records...

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