Legal Opinion

Campbell v. Dastoor

Salem County Circuit Court

Decided December 9, 2009No. Case No. CL07000108-00Published

1Opinion of the Court

By Judge Charles n. Dorsey

This matter is before the Court on Defendant’s motion to quash a subpoena duces tecum served upon Dr. Polverino. For the reasons that follow, the Court denies the motion to quash on the grounds that the attorney-client privilege and “common interest” doctrine do not apply. The Court grants the motion to quash only to the extent that the work product doctrine applies. This ruling only bars disclosure of the mental impressions, conclusions, opinion, and legal theories of counsel and Dr. Polverino.

Facts

This is a medical malpractice action against Defendant who, while…

2Cases cited7 opinions

  1. Hickman v. TaylorSupreme Court of the United States · 1947
  2. Rakes v. FulcherSupreme Court of Virginia · 1970
  3. Commonwealth v. EdwardsSupreme Court of Virginia · 1988
  4. Allen v. LindstromSupreme Court of Virginia · 1989
  5. Raney v. Barnes Lumber Corp.Supreme Court of Virginia · 1954

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