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LINDELL v. KALUGIN

(CC CV10040946; SC S059437).

297 P.3d 1266 (2013)

353 Or. 338

Paul G. LINDELL, Jr., Plaintiff-Relator, v. Alex KALUGIN, Defendant, and Countryside Construction, Inc., an Oregon corporation, Defendant-Adverse Party.

Supreme Court of Oregon, En Banc.

Resubmitted January 7, 2013.

Decided March 7, 2013.

Attorney(s) appearing for the Case

Helen C. Tompkins, Lake Oswego, argued the cause and filed the brief for plaintiff-relator.

Michael A. Lehner, Lehner & Rodrigues, P.C., Portland, argued the cause and filed the brief for defendant-adverse party.

Kathryn H. Clarke, Portland, argued the cause and filed the brief for amicus curiae Oregon Trial Lawyers Association.

Lindsey H. Hughes, Keating Jones Hughes, P.C., Portland, filed the brief for amicus curiae Oregon Association of Defense Counsel.

LANDAU, J.

In this personal injury action, defendant Kalugin moved for a defense medical examination pursuant to ORCP 44 A. Plaintiff Lindell objected on the ground that he would not submit to such an examination without being allowed to bring a friend, family member, or counsel with him. The trial court declined to impose the discovery condition that Lindell requested. Lindell then petitioned this court for a writ of mandamus compelling the trial court to permit...

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