While the Court found that the information sought from the nurse witness met the standards for relevancy for discovery, the Court also noted that significant concerns were raised regarding the competency of the nurse to testify by deposition given the medical information provided to the Court regarding the nurse’s medical issues.
|Judge Terrence R. Nealon|
After referring to some federal court decisions from within and without Pennsylvania, Judge Nealon exercised the broad discretion vested in him under Rule 4012 and ordered that the nurse would be required to submit to inquiries by written Interrogatories as opposed to a deposition.
Judge Nealon indicated that he ruled in this fashion to prevent the exposure of a neurologically infirm and cognitively impaired deponent to the stress and anxiety of an uncertain deposition while still considering the right of the Plaintiff to exhaust her ability to obtain discoverable information to alternative means.
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