Tuesday, December 27, 2011

Petition for Allowance of an Appeal to the Pennsylvania Supreme Court Filed in Barrick v. Holy Spirit Case

The Defendant has filed a Petition for Allowance of Appeal to the Pennsylvania Supreme Court in the expert discovery case of Barrick v. Holy Spirit Hospital.

Tort Talkers may recall that, on November 23, 2011, an en banc panel of the Pennsylvania Superior Court issued an Opinion in this case that served to provide blanket protection to litigating attorneys against having to disclose the content of the letters and emails they send to their trial experts on how the expert should write his report.

In the Petition for Allowance of Appeal, the Defendant challenged the Pennsylvania Superior Court's finding that the Plaintiff had not waived the issue presented even though the Plaintiff had offered up a voluntary, executed waiver of any objection to the subpoena originally sent to the Plaintiff's doctor for his file contents.  The Court found that the Plaintiff's claim of privilege was preserved for appeal regardless.

The Defendant also appealed in Barrick on the basis that the "Superior Court's interpretation of Pa.R.C.P. No. 4003.3 improperly provides absolute work product protection to all communications between a party's counsel and their trial expert."

I will report on whether or not this appeal is accepted for review by the Pennsylvania Supreme Court as soon as I hear any news in that regard.

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