Opinion
SUPERIOR COURT CIVIL ACTION DOCKET NO. CV-16-442
02-03-2017
AMY L. CHUTE, Plaintiff v. MORRISON CENTER, Defendant
STATE OF MAINE
CUMBERLAND, ss ORDER
Plaintiff objects to defendant's request to produce plaintiff's medical records for the ten years prior to her termination and any post-termination records. Plaintiff is not required to produce her medical records, as she alleges incidental or "garden variety" emotional distress only. See (Pl.'s Compl. 6); Morrisette v. Kennebec Cnty., No. 01-01-B-S, 2001 U.S. Dist. LEXIS 13309, at *3-4 (D. Me. Aug. 21, 2001). Plaintiff is precluded at trial from calling any medical experts on the issue of emotional distress and from offering into evidence records of treatment for emotional distress or the substance of any communications between plaintiff and mental health professionals or experts. See Sorenson v. H & R Block, Inc., 197 F.R.D. 199, 204 (D. Mass. 2000).
Defendant agreed to five years of records during the discovery conference. --------
The clerk is directed to incorporate this order into the docket by reference. Date: February 3, 2017
/s/_________
Nancy Mills
Justice, Superior Court