The defendant brought a motion under Rule 31.10 of the Rules of Civil Procedure to examine three non-party medical professionals for discovery.
The underlying action involved a plaintiff who became quadriplegic after an incident in a swimming pool.
The defendant sought to examine the non-parties regarding hospital records indicating the plaintiff had stated he dove into the pool, contradicting his discovery evidence that he fell from a ladder.
The court granted the motion, finding that the non-parties had information relevant to the material issue of liability, the defendant was unable to obtain the information from the plaintiff, and it would be unfair to require the defendant to proceed to trial without examining them.
Costs were awarded to the defendant.
