Eberle v. Savon Food Stores, Inc.

This is an action in negligence for injuries sustained when plaintiff Gloria Eberle slipped and fell on defendants’ premises. Defense counsel filed a motion for discovery, seeking to depose plaintiff’s physicians for the purpose of photocopying their office records pertaining to the plaintiff’s injuries, pursuant to GOE 1963, 310, 310.1(3). Plaintiffs objected to the taking of the depositions on the basis of the statutory physician-patient privilege. The trial judge, in a written opinion, held that plaintiffs must elect to stand on the doctor-patient privilege or waive the privilege on or…