Lindell v. Kalugin

In this personal injury action, defendant Alex Kalugin moved for a defense medical examination pursuant to ORCP 44 A. Plaintiff Paul Lindell, Jr. objected on the ground that he would not submit to such an examination without being allowed to bring a friend, family member, or counsel with him. The trial court declined to impose the discovery condition that Lindell requested. Lindell then petitioned the Supreme Court for a writ of mandamus to compel the trial court to permit the examination only on condition that he be allowed to bring with him a friend, family member, or counsel. The Court issued an alternative writ directing the trial court to permit Lindell to have legal counsel present as an observer at the examination or, in the alternative, to show cause for not doing so. In a letter opinion, the trial court respectfully informed the Supreme Court that it would not modify its order and explained its reasoning for that conclusion. In response, Lindell requested that the Supreme Court enter a peremptory writ of mandamus requiring the trial court to allow a third-party observer. For the reasons that follow, the Supreme Court declined Lindell's request for a peremptory writ and dismiss the alternative writ of mandamus: "we cannot say that the court failed to exercise its discretion or that it exercised its discretion in a manner that was outside the range of choices that the law permits." View "Lindell v. Kalugin" on Justia Law