Wednesday, October 28, 2009

Amicus Curiae Brief Filed on Behalf of Pennsylvania Defense Institute on Important Discovery Issue

I just authored and filed an amicus curiae brief at the request of and on behalf of the Pennsylvania Defense Institute in the Pennsylvania Superior Court Case of Gormley v. Edgar.

The main issue presented is whether the trial court correctly granted the Defendant’s motion to compel the Plaintiff’s compliance with securing the production in discovery of a pre-accident mental health evaluation report completed on the Plaintiff’s with regards to her prior emotional and mental condition in a case where the Plaintiff alleges severe and continuing emotional distress, anxiety, and mental anguish as a sole result of the motor vehicle accident which was the subject of the pending litigation.

Stated otherwise, the issue is whether the Plaintiff waived any asserted privilege against the disclosure of her pre-accident mental health records when she asserted claims of severe, disabling, and continuing emotional distress and mental anguish as part of her personal injury claim in a motor vehicle accident case.

It is anticipated that the Gormley case will be scheduled for oral argument in the near future. If you would like more information on this issue, please do not hesitate to contact me at dancummins@comcast.net.

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