Stella v. Spaulding and Fletcher Allen Health Care, Inc.

Robinson, J.,

¶ 23. dissenting. The issue in this case is not whether defendants were entitled to the information they sought through the ordinary course of discovery; rather, the question presented is whether they got the information they were entitled to get through the particular tool of expert interrogatories pursuant to Vermont Rule of Civil Procedure 26(b)(4)(A)(i). In affirming the trial court, the majority applies a far more exacting standard than the rule supports. Moreover, the trial court’s sanction for the purported discovery violation, which was tantamount to dismissal of…