A New York appellate court ruled that the defendant in a tort case was not entitled to compel discovery of the plaintiff’s medical records for a prior workers’ compensation claim.
Case: Froehlich v. Kimco Realty Corp., No. 2020-07626, 07/06/2022, published.
Facts and procedural history: Dennis Froehlich allegedly suffered injuries after a fall in a parking lot owned or maintained by Kimco Realty Corp.
Froehlich alleged that he sustained a left elbow fracture, which required surgery and resulted in chronic pain and loss of range of motion.
During discovery, Kimco demanded t...
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