145 F.R.D. 657 | D. Maryland | 1993
This case involves an automobile accident in which plaintiff Stephen R. Crowe was allegedly injured. Before plaintiffs instituted the within case, the insurer of defendant Ellen Nivison requested that Stephen Crowe submit to an orthopedic examination by Dr. Paul Asdourian. The plaintiffs, represented by counsel, agreed. The examination took place, Dr. Asdourian made a written report to the said insurer, and the latter provided that report to plaintiffs’ counsel, all in accordance with the provisions of Fed.R.Civ.Proc. 35.
Discovery has almost been completed in this case and it is scheduled for trial. Plaintiffs have now noted the de bene esse deposition of Dr. Asdourian for use at trial. Defendant Ellen Nivison now seeks a protective order preventing plaintiffs from so deposing Dr. Asdourian on the grounds that the provisions of Fed.R.Civ.Proc. 26(b)(4)(B) and/or the Work Product Doctrine bar such discovery of an expert, retained in anticipation of litigation and who is not expected to be called as a witness at trial, absent a showing of exceptional circumstances. This Court finds Defendant Nivison’s argument unpersuasive.
There would appear to be no reason why plaintiff cannot call Dr. Asdourian as a witness, nor any reason why the plaintiff cannot take and utilize Dr. Asdourian’s de bene esse deposition as plaintiff proposes to