Thursday, November 8, 2012

Subpoenas To IME Vendor Companies Upheld in Luzerne County

Luzerne County Courthouse
Two recent discovery orders out of the Luzerne County Court of Common Pleas upheld a Plaintiff’s Motion for Enforcement of a Subpoena sent by the Plaintiff to an IME vendor company for a copy of their file pertinent to the cases presented.

In each of the Orders, the Court ordered the IME vendor company to comply with the Plaintiff’s subpoena to produce the information requested.

However, the Orders did provide that correspondence and content referencing communications by and between defense counsel and the IME vendor was excluded from the Order of production (presumably in deference to the current status of the law under Barrick v. Holy Spirit Hospital, which is currently pending before the Pennsylvania Supreme Court).

Those cases involving these Orders, without any opinion, were issued in the following cases:

Dunsmuir v. Tredennick and State Farm, No. 12077-Civil-2010 (C.P. Luz. Co. Nov. 22, 2012 Hughes, J.)

Polacheck v. Mullay, No. 12657-Civil-2009 (C.P. Luz. Co. Aug. 17, 2012 Gelb, J.)

I send thanks for the prevailing attorney, Ann O. Farias of the Kingston, Pennsylvania O’Donnell Law Offices for forwarding these Orders to my attention.

Anyone desiring a copy of these Orders (no Opinion) may contact me at

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