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depositiondiscovery

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Goldin v. Mejia, 294 A.D.2d 231, 743 N.Y.S.2d 13, 2002 N.Y. Slip Op. 04158

Facts

Goldin was severely injured in an auto accident involving Mejia, who was allegedly driving while intoxicated. Following the accident, Goldin sought access to medical records from Mejia's hospital admission, including blood alcohol test results, and requested depositions from medical professionals regarding their observations and entries in the medical records.

Goldin was severely injured in an auto accident involving Mejia, who was allegedly driving while intoxicated.

Issue

The main legal issues were whether the entries in the medical records were privileged and whether Mejia waived his privilege by placing his condition in controversy.

Rule

The court ruled that observations discernible without professional knowledge were not privileged, while admissions made during treatment were privileged under CPLR 4504.

Analysis

The court applied the rule by determining that the observations regarding Mejia's physical condition were not privileged as they were readily observable. However, Mejia's admission of drinking alcohol was deemed privileged, and the court found that he did not waive this privilege by providing a narrative of the events.

The court applied the rule by determining that the observations regarding Mejia's physical condition were not privileged as they were readily observable.

Conclusion

The Appellate Division modified the lower court's order to vacate the portion allowing discovery of Mejia's admission of drinking, while affirming the rest of the order and directing that depositions be supervised by a court-appointed referee.

Who won?

Goldin prevailed in part, as the court allowed for the depositions of hospital personnel regarding non-privileged observations, but the court also upheld Mejia's privilege regarding his admission of drinking.

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