Octave ex rel. Octave v. Walker

58 A.3d 753, 619 Pa. 176, 2012 WL 6720541, 2012 Pa. LEXIS 2964

Opinion

ORDER

PER CURIAM.

AND NOW, this 27th day of December, 2012, the Petition for Allowance of Appeal is GRANTED. The issue is:

Given the [petitioners] do not explicitly waive the protections of 50 P.S. § 7111, given the [petitioners’] Amended Complaint does not allege injuries to mental health, given the [respondents] raise the question of mental health and seek the [petitioner’s] pre-collision mental health records, and given the [respondents’] claim of mental health relies exclusively on the conclusions of a third party, did the [petitioners] put mental health at issue and impliedly waive the protections of 50 P.S. § 7111 though the act of filing the within lawsuit?