First National Bank & Trust Co. v. E. R. Squibb & Sons, Inc.

DOWLING, J.,

Needlessly before us is plaintiffs motion to compel discovery from *53defendant Daniel M. Levin, M.D., in a medical-malpractice action. The doctor, one of four defendants in the case, heeded the advice of his counsel and refused to answer 21 questions while being deposed by plaintiffs attorney.

The ground for most of the objections was that the question asked for an opinion. Dr. Levin’s lawyer stated during the deposition: “I am not allowing him to answer an opinion. We are going to refuse all opinion questions other than his diagnosis and treatment. I think he is a factual witness.…