Monday, November 23, 2015

Special Trial Master in Lackawanna County Rules on Discoverability of Post-Suit Claims Notes

In a recent Order issued in the case of McTague v. Myers and Progressive, No. 769-Civil-2015 (C.P. Lacka. Co. Nov. 2, 2015, Special Trial Master), Attorney Henry Burke, the Special Trial Master handling discovery issues in the Lackawanna County Court of Common Pleas issued an Order requiring the UIM Defendant to produce post-suit claims log notes but allowed the Defendant to redact any mental impressions, conclusions, or opinions respecting the value or merit of a claim or a defense or respecting strategy or tactics.    

Notably, this Order was entered in the case in which there is no bad faith claim pending against the UIM carrier.  

Anyone desiring a copy of this Order, which is of questionable precedential value given that it was entered by a Special Trial Master covering discovery motions court, may contact me at dancummins@comcast.net.
 

I send thanks to the O’Donnell Law Offices in Kingston, Pennsylvania for providing me with a copy of this decision. Attorney Patrick Scanlon of that office was the prevailing Plaintiff's attorney in this case. 

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