Herlihy v. Costa

The plaintiff in an action to recover damages for personal injuries moves for an order to perpetuate his own testimony, with the right, of course, to the defendants to cross-examine him, and for the discovery and inspection of the statements taken of the plaintiff or of his wife by a representative of the defendants, relating to the accident upon which this action is based.

It is not denied that photo static copies of all medical reports were furnished to the defendants’ representative and also to the doctor who, on their behalf, conducted a physical examination of the plaintiff. Yet, the…