Civil Procedure Keyed to Hazard
Ager v. Jane C. Stormont Hospital and Training School for Nurses
Emily Ager (Plaintiff) was born at the Stormont Hospital (Defendant). While Plaintiff was being born, her mother’s uterine wall ruptured, causing a loss of blood that resulted in Plaintiff suffering fetal asphyxia. As a result, Plaintiff is a quadriplegic and suffers from severe developmental disabilities. Plaintiff, through her attorney Lynn R. Johnson (Plaintiff’s attorney), sued Defendant. During the course of litigation, Defendant served interrogatories seeking to learn the identities and opinions rendered by experts who were informally consulted and not retained as well as those who were retained but not designated to testify. Plaintiff’s attorney refused to turn over this information even after the federal magistrate judge issued an order to compel. Plaintiff’s attorney eventually appealed to the district court judge who ordered Plaintiff’s attorney to comply with the interrogatories. When Plaintiff’s attorney did not, the district court judge issued a civil contempt order. Plaintiff’s attorney appealed the order to the court of appeals.
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