Lindell v. Kalugin

In this personal injury action, defendant Kalugin moved for a defense medical examination pursuant to ORCP 44 A. Plaintiff Lindell 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 this court for a writ of mandamus compelling the trial court to permit the examination only on condition that he be allowed to bring with him a friend, family member, or counsel. This court issued an alternative…