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FELLOWS v. MOYNIHAN

No. 85382-7.

285 P.3d 864 (2012)

Doug FELLOWS, as Personal Representative of the Estate of Jordan Gallinat, Petitioner, v. Daniel J. MOYNIHAN, M.D.; Kathleen Hutchinson, M.D.; and Southwest Washington Medical Center, Respondents.

Supreme Court of Washington, En Banc.

Decided September 20, 2012.

Attorney(s) appearing for the Case

Donald Lawrence Wobbrock , Lawrence Wobbrock Trial Lawyer PC, Portland, OR, John Budlong , Law Offices of John Budlong, Edmonds, WA, for Petitioners.

Mary H. Spillane , Daniel W. Ferm , Williams Kastner & Gibbs PLLC, John Coleman Graffe Jr. , Johnson Graffe Keay Moniz , Kim M. Holmes , Attorney at Law, Amy Thompson Forbis , Jennifer M. Gannon Crisera , Bennett Bigelow & Leedom, P.S., Seattle, WA, Michael J. Wiswall , Hart Wagner LLP, Portland, OR, for Respondents.

Bryan Patrick Harnetiaux , Attorney at Law, Spokane, WA, George M. Ahrend , Ahrend Albrecht PLLC, Ephrata, WA, Amicus Curiae on behalf of Washington State Association.

MADSEN, C.J.

¶ 1 This interlocutory appeal concerns a discovery dispute involving birth injuries sustained by Jordan Gallinat at Southwest Washington Medical Center (the Center) in Vancouver, Washington, on September 17, 1996. In June 2009, Douglas Fellows, as litigation guardian for Gallinat, filed a complaint alleging medical negligence and corporate negligence against Dr. Daniel Moynihan, Dr. Kathleen Hutchinson, and the Center. The trial court determined...

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