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Tort Defendant Can't Compel Discovery of Plaintiff's Medical Records From Comp Claim

Wednesday, July 20, 2022 | 0

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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