Discoverability of Plaintiff's prior mental health records: This is an Amicus Curiae Brief filed by Daniel E. Cummins, Esquire on behalf of the Pennsylvania Defense Institute. Attorney Cummins is an insurance defense attorney with the Scranton, Pennsylvania law firm of Foley, Cognetti, Comerford, Cimini & Cummins.
The all-important Pennsylvania civil litigation issue presented in this appeal was whether the trial court correctly granted the Defendant’s motion to compel the Plaintiff’s compliance with the discovery of a pre-accident mental health evaluation report concerning the Plaintiff’s prior emotional and mental health in a case where the Plaintiff alleges severe and continuing emotional distress, anxiety, and mental anguish all as a sole result of the motor vehicle accident which was the subject of this litigation.
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