Discovery

This case involved a child’s fall from a rock climbing wall at a family entertainment facility. The mother of the injured child prepared an “injury log” at the direction of her attorney with the understanding that it was a confidential attorney-client communication that would be used to help represent her and her child in the case. The Defendants in the case filed a motion (which was granted by the Court) to compel the Plaintiffs to disclose the “injury log”, and were also seeking to re-depose the Plaintiffs to question them about the contents of the log. The following motion was submitted by Heygood, Orr & Pearson, counsel for the Plaintiffs, to request that the Court reconsider its ruling on the discoverability of the “log” and order that the document be returned and not used in the litigation.

This case was a medical negligence case where the Plaintiff alleged that his wife died when her physician prescribed her fentanyl patches at an excessively high dose. The defendant physician claimed that, prior to writing the prescription, the decedent misrepresented that she had been taking the high dose of fentanyl he prescribed. In support, the Defendant sought to introduce evidence of medical records from a different doctor that the decedent had seen several years earlier. Prior to trial, this brief was filed by Heygood, Orr & Pearson seeking preclusion of the admission of and reference to those medical records.