Washington Law Review


P sought recovery for injuries arising out of an automobile accident. During trial P introduced three physicians who testified that P had suffered disability in his right arm involving weakness, numbness, and difficulty of movement. P himself took the stand and testified that the injuries described by his doctors resulted from the accident and that, prior to the accident, he had not consulted a doctor for "years." The jury returned a verdict for P for $21,000. The trial court granted D a new trial on the issue of damages because of newly discovered evidence consisting of another physician who would testify that during the four years preceeding the accident he treated the P a total of twenty times for such ailments as contusions, rheumatic condition, and neuritis all in the right shoulder. Held: Waiver of privileges as to one physician is a waiver to all other physicians; order for new trial affirmed. McUne v. Puqua, 142 Wash. Dec. 60, 253 P.2d 632 (1953).

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