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DEMPSEY v. SPOKANE WASHINGTON HOSP.

No. 34573-4-III.

406 P.3d 1162 (2017)

ESTATE OF Michael DEMPSEY BY AND THROUGH its Personal Representative, Ellen SMITH, and Ellen Smith, Petitioners, v. SPOKANE WASHINGTON HOSPITAL COMPANY LLC d/b/a Deaconess Medical Center, Rockwood Clinic and Michael Wukelic, M.D., Respondents, Apogee Physicians a.k.a. Apogee Medical Group, Washington, P.C., Defendant.

Court of Appeals of Washington, Division 3.

Filed December 14, 2017.

Attorney(s) appearing for the Case

Mary Elizabeth Schultz , Mary Schultz Law PS, 2111 E. Red Barn Ln., Spangle, WA, 99031-5005, for Petitioners.

Brian T. Rekofke , Attorney at Law, 1100 US Bank Bldg., 422 W. Riverside Ave., Spokane, WA, 99201-0369, Steven Joseph Dixson , Attorney at Law, 422 W. Riverside Ave., Ste. 1100, Spokane, WA, 99201-0302, James B. King , Christopher Joseph Kerley , Markus William Louvier , Evans, Craven & Lackie, P.S., 818 W. Riverside Ave., Ste. 250, Spokane, WA, 99201-0994, for Respondents.

PUBLISHED OPINION

¶ 1 Two issues are before us. The first issue is whether an attorney may assert attorney work product protections over documents the attorney prepared and sent to a testifying expert. We answer that the attorney may, but that attorney work product protections are waived to the extent the attorney...

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