Leszynski v. Russ

THOMSEN, Chief Judge.

Defendant has moved for an order under Rule 34, F.R.Civ.P., 28 U.S.C.A., requiring plaintiff to produce and to permit defendant to inspect and copy certain medical reports and hospital records relating to the examination, care and treatment of plaintiff (A) before the accident involved in this case, and (B) after the accident. Plaintiff objects on the grounds: (1) that Rule 35(b), not Rule 34 controls; (2) that the records are privileged; and (3) that good cause has not been shown.

This action was instituted in the Court of Common Pleas of Baltimore City and removed to…