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A.G. v. GUITRON

(CC 060909578; CA A137591; SC S059166).

268 P.3d 589 (2011)

351 Or. 465

A.G., Plaintiff-Appellant, Petitioner on Review, v. Robert GUITRON, Defendant-Respondent, and Aerobic and Dancewear Shoppe, LLC, dba Lake Oswego Academy of Dance, Defendant-Respondents, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided December 30, 2011.

Attorney(s) appearing for the Case

Jonathan A. Clark, PC, Stayton, argued the cause and filed the brief for petitioner on review.

Janet M. Schroer, Hoffman Hart & Wagner, Portland, argued the cause for respondent on review Aerobic and Dancewear Shoppe. Matthew J. Kalmanson, Hoffman Hart & Wagner, filed the brief. With him on the brief was Janet M. Schroer.

Charles S. Tauman, Corson & Johnson Law Firm, Eugene, filed a brief for amicus curiae Oregon Trial Lawyers Association. With him on the brief was Travis Eiva.

WALTERS, J.

In this civil action, we decide that ORCP 44 C required plaintiff to deliver to defendants, at defendants' request, a copy of all written reports of examinations related to the psychological injuries for which plaintiff sought recovery, including, specifically, the report of an examination by a psychologist retained by plaintiff's counsel for the purpose of the litigation. Because defendants requested and plaintiff failed to deliver that report, the trial...

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