Stonebrook case

The defendant moved for a protective order and his motion was denied.


In directing that a protective order be issued, the Court of Appeal stated: Well, majority is 51 percent, or its more like 75 percent 80 or 90 percent? In response to the ex parte application the trial court ordered Schwab to give temporary personnel retained by Diehl access to his patient files for the purpose of compiling the summary.

Superior Court, supra, Cal. Indeed, the Law Revision Commission comment to Evidence Code sectionwhich permits discovery of how Stonebrook case compensation an expert receives in a particular case, notes "[t]he tendency of some experts to become advocates Stonebrook case the party employing them.

The petition of real party in interest for review by the Supreme Court was denied January 17, Discussion I [1] We begin our analysis of the petition by recognizing what Stony Brook and Schwab have obliquely conceded here and in the trial court.

Schwab has an uncooperative memory. Appended to the petition is a declaration which in pertinent part states: Do you do at least ten a month? Additionally, plaintiff asserts that Dr. In sum then, while it is clear that in the past Dr.

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Schwab will not respond to direct questions about percentages of time he worked for the defendant as opposed to plaintiff. More than 10 percent of the forensic work that you do? Exact information as to number of cases and amounts of compensation paid to medical experts is unnecessary for the purpose of showing a bias.

Schwab respond to it by producing a summary setting forth the total number of patients he has treated over the last four years, the total number of patients he has examined for defendants, the total number of patients he has examined for plaintiffs, his total compensation from defendants and his total compensation for plaintiffs.

And have you done them? In a number of prior proceedings in which he had testified as an expert, the specialist had been unwilling to provide any estimate of the percentage of his forensic cases in which he was retained by defendants and the percentage of forensic cases in which he was retained by plaintiffs.

II In the face of an expert who is unable to provide a good faith estimate of how much of his practice is devoted to offering testimony for one side or the other in litigation and how much he has received for such work, the trial court faces a difficult task.

Thus in Allen, the court took some care in limiting the level of detail an expert may be compelled to disclose: Superior Court Cal. Schwab has not been uncooperative in this matter at all.

As here, in Allen v. Do you wish me to guess? Schwab examined Diehl and prepared a report for Stony Brook.


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Stonebrook case
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