A. G. v. Guitron
Annotate this CaseThe issue before the Supreme Court pertained to ORCP 44 C and whether it required Plaintiff "A.G." to deliver to Defendants Robert Guitron and Aerobic & Dancewear Shoppe, LLC, at Defendants' request, a copy of all written reports of examinations related to the psychological injuries for which Plaintiff sought recovery, including the report of an examination by a psychologist retained by Plaintiff's counsel for the purpose of the litigation. Because Pefendants requested and plaintiff failed to deliver that report, the trial court entered an order precluding the psychologist from testifying at trial, and Defendants ultimately prevailed. The Court of Appeals affirmed the decision of the trial court. Finding that the "search for truth and justice" to be paramount and Oregon case law required plaintiffs to produce on request, the reports of the experts who examine them for purposes of litigation as well as for treatment, the Supreme Court concluded that in this case, the trial court was correct that Plaintiff was required to produce the psychologist's report. The Court therefore affirmed the decision of the Court of Appeals and the judgment of the trial court.
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