Trial Court Can't Strike Medical Report for Doc's Failure to Show for Depo, Court Rules

CLEVELAND - An appellate panel has ruled that an Ohio trial court erred in striking a medical report that was filed in support of an asbestos lung cancer claim after the physician who provided the information failed to appear at a deposition that had been noticed by a defendant in the case. Tiburzi v. Adience Inc., et al., No. 96591 (Ohio App. Ct., Eighth Dist.).

The Eighth District Ohio Court of Appeals reversed the trial court's decision March 1, determining that the non-party treating physician was under no legal obligation to appear at the deposition absent a prior order by …