Saturday, November 7, 2009

Amicus Curiae Brief on Discoverability of Plaintiff's Prior Mental Health Records

As noted previously in this blog, I authored an amicus curiae Brief at the request of the Pennsylvania Defense Institute on the issue pending before the Pennsylvania Superior Court of whether a plaintiff's prior mental health records are discoverable when the plaintiff alleges emotional distress and mental anguish claims in a personal injury matter.

Philadelphia Court of Common Pleas Judge Allan L. Tereshko ruled that such evidence was indeed discoverable in the case of Gormley v. Edgar and the plaintiff took the issue up on appeal. Briefs have been submitted and the parties await an argument date from the Superior Court.

For the amicus defense position on this all-important issue, asserting that such evidence is discoverable as ruled by the trial court judge, you can view the amicus curiae Brief by clicking on the following link:

http://www.jdsupra.com/post/documentViewer.aspx?fid=d6e1dc5d-d0de-4c33-bbd3-899332af58ee

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