Cua v. Morrison

636 N.E.2d 1248, 1994 Ind. LEXIS 74, 1994 WL 316904

• Court: Indiana Supreme Court
• Decided: June 28, 1994
• Docket: 29S05-9406-CV-585
• Status: Published

Opinions

ON PETITION TO TRANSFER

DICKSON, Justice.

In this joint interlocutory appeal in a personal injury tort case, the trial court certified the following issue:

Whether the Trial Court abused its discretion in entering an Order requiring plaintiff to sign a release allowing defense counsel to engage in ex-parte communication with plaintiffs medical care providers.

Noting this to be an issue of first impression in Indiana and that the other jurisdictions are sharply divided upon the matter, the Court of Appeals held that the trial judge abused her discretion because this method of discovery poses a substantial threat that privileged information would be disclosed and because such information is not required for fair and efficient trial preparation. Cua v. Morrison (1993), Ind.App., 626 N.E.2d 581. The appellee-defendants, Paul W. Morrison, Stephen M. Paterson, and State Farm Mutual Automobile Insurance Company, seek transfer, alleging that the Court of Appeals has erroneously decided a new question of law.

We agree that this is a new question of law in this State, but find the decision of the Court of Appeals in all respects to be correct.

Pursuant to Indiana Appellate Rule 11(B)(3), this Court now expressly adopts and incorporates by reference the opinion of the Court of Appeals.

Transfer is granted. The ruling of the trial court is reversed and the cause remanded with instructions to vacate the order.

DeBRULER, GIVAN and SULLIVAN, JJ., concur. SHEPARD, C.J., concurs in result with separate opinion.