Smith v. Orthopedics International, Ltd.

¶1 —This case presents the following questions: (1) whether counsel for defendants in a personal injury action engaged in prohibited ex parte contact with a nonparty treating physician fact witness, per our decision in Loudon v. Mhyre, 110 Wn.2d 675, 756 P.2d 138 (1988), by sending documents to the physician’s counsel prior to the physician’s testimony at trial and (2) if that conduct is proscribed by Loudon, is the grant of a new trial the proper remedy for the violation? Although we conclude that the defendants’ attorney violated the Loudon prohibition on ex parte contact, we hold that the…