McCarthy v. Belcher

I concur with the majority’s conclusion that there was no abuse of discretion in the trial court’s decision to deny defendants’ motion for a mistrial. However, I disagree with the majority’s disposition of the second issue raised in this appeal. I believe that the court acted properly in excluding Dr. Wu’s deposition.

First, I find little difficulty in characterizing Dr. Wu as a physician consulted for the purpose of preparing for litigation. Lindsay v Lipson, 367 Mich 1; 116 NW2d 60 (1962). It is undisputed that in February or March, 1978, plaintiff’s trial attorney instructed plaintiff to go…