Wednesday, January 13, 2010

Amicus Curiae Position Argued Before Superior Court on behalf of Pennsylvania Defense Institute

On January 12, 2010, I traveled to Philadelphia to present and argue the amicus curiae position of the Pennsylvania Defense Institute in the case of Gormley v. Edgar.

The issue presented was whether the Philadelphia County Court of Common Pleas correctly ruled that the defense should be entitled to discovery of a pre-accident mental health consultation medical record pertaining to a plaintiff who had pled emotional distress claims as a result of a motor vehicle accident.

The Plaintiff argued that they were only pleading ordinary emotional distress claims attendant with a personal injury action. The defense counsel, fellow PDI member, Beth Carter, Esquire, and I argued that, once the Plaintiff put her mental health condition in issue in the case with claims of severe, disabling and indefinitely continuing mental distress and anguish, the discovery of the pre-accident record should be allowed.

The Superior Court panel, consisting of Judge Gantman, Judge Bowes, and Senior Judge Kelly took the matter under advisement. Their decision is anticipated in the near future. I will keep you advised on this matter.

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