🚀 go-pugleaf

Here's another evidence question.  I'll provide my answer within a week.  If 
there are objections to the cross-posting, I'll post follow-ups to 
ucb.boalt only.

This is based on a California case.

P, a resident near the D Airport, sues D Airport to recover damages for 
physical injuries and emotional damages sustained because of jet aircraft 
noise.  P's complaint alleges a hearing loss and emotional distress 
resulting in ulcers and high blood pressure.  

By interrogatories, D seeks 
from P all ailments, physical or mental, suffered from whatever cause, 
during P's lifetime, and the names of all treating physicians and 
psychiatrists.  

P refuses to answer and D seeks a court order to compel P 
to answer the interrogatories.  P resists, claiming the physician-patient 
and psychotherapist-patient privileges.  D urges the patient-litigant 
exception to compel disclosure.  

Should P's claim of privilege be sustained?

-- 
bross@uclink.berkeley.edu (Bonnie Ross)
Boalt Hall School of Law
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