Plaintiff's attorney hires Doctor for the sole purpose of examining the leg and reporting the findings to the attorney. Defendant requests the report. Plaintiff objects on PhysicianPatient and AttorneyClient privilege grounds. Neither privilege applies 10. Prosecution of Husband for battery of the child of Husband and Wife.
Wife is called to testify.
Husband admitted the battery in confidence to Wife, and only Husband, invoking the privilege for confidential communications between husband and wife, objects to Wife's testimony with respect to the admission. Plaintiff wrote a letter to a friend describing an accident in which he was involved. In the letter he asked that the friend keep the information confidential. He later retained an attorney and gave the attorney a copy of the letter. Defendant subpoenas the letter from the friend and Plaintiff asserts the Attorney Client privilege.