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YOUNGS v. PEACEHEALTH

No. 87811-1.

316 P.3d 1035 (2014)

179 Wn.2d 645

Marc YOUNGS, Petitioner, v. PEACEHEALTH, a Washington corporation d/b/a Peacehealth St. Joseph Medical Center and d/b/a Peacehealth Medical Group, and Unknown John Does, Respondents. Aolani E. Glover, a single individual, Respondent, v. The State of Washington d/b/a Harborview Medical Center; and Lulu M. Gizaw, PA-C, Petitioners.

Supreme Court of Washington, En Banc.

January 23, 2014.

Attorney(s) appearing for the Case

Joel Dean Cunningham , Luvera Law Firm , J. Andrew Hoyal II , Luvera Barnett Brindley Beninger et al , Michael F. Madden , Carol Sue Janes , Bennett Bigelow & Leedom PS, Seattle, WA, James L. Holman , Attorney at Law, Tacoma, WA, for Petitioners.

John Coleman Graffe Jr. , Johnson Graffe Keay Moniz , Heath Sharpless Fox , Johnson Graffe Keay Moniz & Wick LLP, Mary H. Spillane , Williams Kastner & Gibbs, Daniel W. Ferm , Williams Kastner & Gibbs PLLC, Seattle, WA, Thomas Richard Golden , Otorowski Johnston Morrow & Golden PLLC, Bainbridge Island, WA, for Respondents.

Stewart Amdrew Estes. Leetomg. Bucklin & McCormack, Inc., P.S., Seattle, WA, Shilpa Bhatia , Attorney at Law, Seattle, WA, Erin Healy Hammond , Attorney at Law, Federal Way, WA, Amicus Curiae on behalf of Washington Defense Trial Lawyers.

George M. Ahrend , Ahrend Albrecht PLLC, Ephrata, WA, Bryan Patrick Harnetiaux , Attorney at Law, David P. Gardner , Winston & Cashatt, Spokane, WA, Amicus Curiae on behalf of Washington State Association for Justice Foundation.

Gregory Mann Miller , Carney Badley Spellman PS, Seattle, WA, Amicus Curiae on behalf of Washington State Medical Association.

GORDON McCLOUD, J.

¶ 1 The question presented in this case is whether Loudon v. Mhyre, 110 Wn.2d 675, 677, 756 P.2d 138 (1988), which prohibits defense counsel in a personal injury case from communicating ex parte with the plaintiff's nonparty treating physician, applies to such physicians when they are employed by a defendant. Specifically, we are asked whether Loudon bars ex...

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