State Ex Rel. McNutt v. Keet

SEILER, Judge.

This is an original proceeding in mandamus instituted here. The determinative question is, once issue has been joined in a personal injury damage suit as to the extent of plaintiff’s injuries, can the defendant obtain for discovery purposes, medical and hospital records, over plaintiff’s objection of privilege under § 491.-060(5), V.A.M.S. ?

Plaintiffs in the damage suit from which this action in mandamus ensues, were involved in an automobile accident with relators February 5, 1966. Plaintiffs filed suit for damages, Mrs. Renie for $45,000 for her injuries and Mr. Renie for…