McKown v. Cope et al

Filing 28

ORDER Granting 23 Plaintiiff's Motion to Compel and Defendant Cope shall comply within twenty days, signed by Judge Richard P. Matsch on 11/12/2009.(rpmcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 08-cv-02756-RPM LORIE CHRISTINE MCKOWN, Plaintiffs, v. DAVID COPE, VAIL SUMMIT RESORTS INC., d/b/a KEYSTONE SKI RESORT, Defendants. ORDER GRANTING PLAINTIFF'S MOTION TO COMPEL On October 8, 2009, the plaintiff filed a Motion to Compel documents and Production of Information from Defendant Cope. That defendant filed his response on November 11, 2009. The objection to discovery is based on the assertion of a physician-patient privilege. It is clear from the deposition testimony of Defendant Cope, cited in the plaintiff's motion, that he has interjected into this case the condition of his knees and that subject is relevant both to the cause of the collision and the appropriateness of employment of David Cope as a ski instructor. Accordingly, it is this Court's view that the physician-patient privilege has been waived to the extent that the plaintiff has requested information and it is therefore ORDERED that the plaintiff's motion to compel is granted and Defendant Cope shall comply within twenty days. Dated: November 12th, 2009 BY THE COURT: s/Richard P. Matsch ________________________________ Richard P. Matsch, Senior District Judge

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