Schwartz v. Travelers Insurance

DAWSON, District Judge.

Defendant moves under Rule 34, 28 U. S.C.A., to inspect and copy the hospital record and physician’s records with respect to plaintiff’s decedent.

Plaintiff opposes the motion on the grounds that:

“(1) The hospital record is part of the attorney's work-product and(2) It does not have possession, custody, or control of the physician’s records.”

Plaintiff’s counsel affirms that he has photostatic copies of the hospital record, but that neither he nor plaintiff possesses copies of the physician’s records.

Defendant, pursuant to Rule 26, has already taken the depositions of the…