A Man and a Woman in a Traffic Accident
The Woman's Discovery Rights in a Negligence Action
A man and a woman were involved in a two-car traffic accident. Following the incident, the man received treatment from a physician at a nearby hospital's emergency room. Subsequently, the man initiated a negligence action against the woman in federal district court, seeking compensatory damages. Now, the woman seeks discovery regarding the emergency room physician's observations, opinions, and treatment of the man.
Discovery is a crucial phase in a legal proceeding where parties obtain evidence from each other. In this case, the woman is attempting to access information related to the physician's interaction with the man. The question arises whether she is entitled to discover such information.
Is the woman entitled to discovery regarding that information?
A. No, because such discovery is not relevant to the claim or defense of a party.
B. No, because the woman is not entitled to obtain discovery from persons who are not parties to the action.
C. Yes as to the physician's observation and treatment, but the physician's opinions are discoverable only if the man intends to call the physician as an expert witness at trial.
D. Yes, because the physician observed and treated the man and developed opinions about the man's injuries for purposes other than litigation or trial.
Yes, because the physician observed and treated the man and developed opinions about the man's injuries for purposes other than litigation or trial.