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Product Liability Client Wins Tricky Motion to Compel

Spilman won a tricky motion to compel in Raleigh County, West Virginia against a pro se plaintiff in a product liability case. The motion was tricky because plaintiff is an elderly woman who is claiming damages, including hair loss, due to the use of our client's hair products. During discovery plaintiff refused, without justification, to produce her medical records. At a hearing on the motion to compel, the Judge ordered plaintiff to sign a medical authorization permitting production of her medical records for the 10 years prior to the filing of the Complaint. The Judge also warned the pro se plaintiff that he would prohibit her from introducing any documents at trial that she had not produced in discovery.
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