Chute v. Morrison Center

Opinion

STATE OF MAINE SUPERIOR COURT CUMBERLAND, ss CIVIL ACTION DOCKET NO. CV-16-442 J AMYL. CHUTE, -- · -:-: - ' ·..:...1t~E ··· · ··-~ c,s Clerk'sC·-~­ Plaintiff ORDER FEB O3 2c: V. ~ : .. . =r·_ :-·: '. \ . __.., -,1' :i....,... ~ :.., ___ -- •

MORRISON CENTER,

Defendant

Plaintiff objects to defendant's request to produce plaintiff's medical records for the ten 1

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).

The clerk is directed to incorporate this order into the docket by reference.

Date: February 3, 2017 Nancy Mills Justice, Superior Court

1 Defendant agreed to five years of records during the discovery conference .

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