In a medical malpractice action, the plaintiffs brought a motion under Rule 31.10 for leave to examine two non-party nurses for discovery.
The plaintiffs argued the nurses had relevant information about the deceased's post-operative care that could not be obtained elsewhere.
The court dismissed the motion, finding that while the nurses likely had relevant information, the plaintiffs failed to establish they were unable to obtain the information from the hospital's representative or other parties, as they had not asked specific questions or requested undertakings regarding the non-party nurses' knowledge during earlier discoveries.
