Leusink v. O'Donnell
| Decision Date | 15 November 1949 |
| Citation | 255 Wis. 627,39 N.W.2d 675 |
| Parties | LEUSINK, v. O'DONNELL et al. |
| Court | Wisconsin Supreme Court |
Garrigan, Keithley, O'Neal & Mills, Beloit, for appellant.
Jeffris, Mouat, Oestreich, Wood & Cunningham, Janesville, for respondent.
The petition in support of the motion for the order contained the following allegations: That the action was commenced by the plaintiff to recover for personal injuries and other damages sustained by the plaintiff in an automobile accident involving the defendants; that said action was then pending; that the accident from which the action arose occurred on July 24, 1947; that after issue was joined the plaintiff was adversely examined by the defendants on August 9, 1948; that at said adverse examination plaintiff testified that he was hospitalized for five days in June, 1947, and was treated by Dr. Rentz of Monroe, Wisconsin, for arteriosclerosis; that during December, 1946, he was hospitalized at the Veterans Administration Hospital at Wood, Wisconsin, for a period of six weeks for a weakness in his left arm; that plaintiff, through his attorneys, furnished the defendants with a copy of the medical report of Dr. Lester P. Brillman, who attended plaintiff for his injuries received in the accident; that said report indicated that plaintiff was suffering from multiple sclerosis which had existed prior to the accident and that plaintiff was suffering from an impairment of his left arm and left leg due to a disability existing prior to the accident; that defendants requested the attorneys for the plaintiff to make available to them the findings of the medical examination of the plaintiff by Dr. Rentz in June, 1947; that plaintiff's attorneys failed to provide defendants with the medical records requested; that one of the issues that will arise at the trial of said action will be the nature and extent of the disability of the plaintiff existing prior to the automobile accident; that the defendants cannot proceed safely to trial without an inspection of said medical records compiled at the Monroe clinic, Monroe, Wisconsin, during June, 1947, upon the consultation by the plaintiff with Dr. Rentz and any other physicians concerned, and the medical records compiled at the Veterans Administration Hospital at Wood, Wisconsin, during December, 1946; such medical records were described as follows: (1) hospital records; (2) nurses notes and records; (3) technician's notes and records; (4) medical reports of attending physicians; (5) other medical information of a documentary nature concerning the plaintiff; and that the above-described records and documents are in the control of the plaintiff herein.
The plaintiff filed his own affidavit and that of one of his attorneys in opposition to the motion in which it is stated that the plaintiff had submitted to any and all physical examinations by physicians selected by the defendants; that all x-rays taken in the course of treatment for his injuries for which damages are claimed, and all hospital records and other written evidence concerning the injuries claimed and the treatment thereof, since the date of the accident, although not in plaintiff's possession, are open and available for inspection by the defendants, and that plaintiff has none of the records mentioned in the petition in his possession.
The petition of appellant closed with the following prayer for relief: 'Wherefore, your petitioner prays that on behalf of the defendants, Allen Spielmacher and Allstate Insurance Company he be allowed to inspect the above described documents, and to take a copy thereof, or that copies thereof be delivered to him according to law and the rules and practice of this court, pursuant to Wisconsin Statutes, Section 269.57, at such time and in such manner and under such conditions as may be proper, and for such other and further relief as may be proper.'
Sec. 269.57, Stats. reads as follows:
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Ambrose v. General Cas. Co. of Wisconsin, 88-2279
...claimed that a prior disability was aggravated by the accident. Thompson, 269 Wis. at 475, 69 N.W.2d at 483-84; Leusink v. O'Donnell, 255 Wis. 627, 633, 39 N.W.2d 675, 678 (1949). In the formulation of the Wisconsin Rules of Civil Procedure, sec. 269.57(1), Stats., was incorporated in sec. ......
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ENDORSING AFTER DEATH.
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