ROBERT HELMICK AND GREGORY HERRICK, PETITIONER,
v.
JESSICA MCKINNON, RESPONDENT
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Helmick, a defendant in a personal injury lawsuit, sought certiorari review of the trial court's order denying his discovery motion for the plaintiff's psychological and psychiatric records. The court granted the writ, holding that because McKinnon placed her mental health in issue by claiming brain damage and personality disorders from an accident, Helmick was entitled to pre-accident psychological records necessary for his expert to form a defense opinion.
The court held that the pre-accident psychological records are relevant and must be produced. Because McKinnon placed her mental health in issue, the records are material and necessary for Helmick's expert to properly formulate an opinion regarding causation of the alleged personality disorders.
[1] When a plaintiff places their mental health at issue in a personal injury action, pre-accident psychological records may be relevant to determining the cause of alleged p…
[2] A defendant may be entitled to discovery of a plaintiff's pre-accident psychological records if such records are necessary for the defendant's expert to formulate an opin…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Since McKinnon has placed her mental health in issue in this case, the primary question regarding the pre-accident psychological records is relevancy.”
Establishes the legal standard that once a plaintiff places mental health in issue, pre-accident psychological records become potentially relevant and discoverable.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMcKinnon sued Helmick for injuries from a 1991 automobile accident, alleging he caused the crash and claiming she suffered brain damage resulting in p…
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[*1280] W. SHARP, Judge.
Helmick, a defendant in a personal injury action, seeks certiorari review of the trial court’s order which denied his motion for discovery to obtain production of psychological and psychiatric records pertaining to McKinnon, the plaintiff. McKinnon sued Helmick for injuries she received in a 1991 automobile accident, which she alleged he caused. She alleged she received damage to her brain in the accident which has created personality disorders. The trial judge reviewed a mental counselor’s notes, commencing in 1986 when McKinnon was fourteen years of age, through 1986, and concluded that these records are not relevant. We disagree and grant the writ.
Since McKinnon has placed her mental health in issue in this case, the primary question regarding the pre-accident psychological records is relevancy. See § 90.503(4)(c), Fla.Stat. (1993); Sykes v. St. Andrews School, 619 So. 2d 467 (Fla. 4th DCA 1993); Cantor v. Toyota Motor Sales, 546 So. 2d 766 (Fla. 5th DCA 1989). The medical expert witness for Helmick stated by affidavit that the pre-accident psychological records are requisite and necessary materials he should review in order to formulate an opinion as to whether the accident caused the plaintiffs current personality disorders or whether they existed (in part or otherwise) prior to the accident. Without these materials, Helmick will be unable to properly formulate his defense, and there is no better or available source for this information other than the counselor’s notes.
In most cases, appellate courts deny certiorari review of orders denying discovery because the aggrieved party generally can seek a remedy on appeal. But if a remedy will most likely be foreclosed on plenary appeal, this court will grant certiorari review. See, e.g., Carroll Contracting, Inc. v. Edwards, 528 So. 2d 951 (Fla. 5th DCA 1988), rev. denied, 536 So. 2d 243 (Fla.1988); Travelers Indemnity Co. v. Hill, 388 So. 2d 648 (Fla. 5th DCA 1980); Colonial Penn Insurance Co. v. Blair, 380 So. 2d 1305 (Fla. 5th DCA 1980).
In this case, it is unlikely that Helmick will be able to offer an adequate expert opinion in his defense if the requested materials are not furnished. Thus, he will not be able to make a sufficient proffer on appeal to show error below justifying a reversal for new trial. In such limited cases, certiorari review is appropriate.
Accordingly, we grant the petition for writ of certiorari, and quash the order denying discovery.
Petition for Certiorari GRANTED; Order Denying Discovery QUASHED.
PETERSON, C.J., and DAUKSCH, J„ concur.
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Beekie v. Montgomery Scott Morgan, 751 So. 2d 694 (Fla. 5th DCA 2000)…remedied on appeal from the final order. See, e.g., Palmer v. WDI Systems, Inc., 588 So. 2d 1087 (Fla. 5th DCA 1991). We think this case is one of the rare denial-of-diseovery cases in which certiora-ri review is warranted. See Helmick v. McKinnon, 657 So. 2d 1279 (Fla. 5th DCA 1995); Ruiz v. Steiner, 599 So. 2d 196 (Fla. 3d DCA 1992). The failure to permit a deposition, or allow a party to answer questions during a deposition, has been held to be subject to certiorari relief. In Medero v. Florida Power and L…
Authorities Cited
- Brevard Cnty. & the Bd. of Cnty. Comm'rs of the Cnty. of Brevard v. Kimball, 388 So. 2d 648 (Fla. 5th DCA 1980)
- Travelers Indem. Co. v. Hill, 388 So. 2d 648 (Fla. 5th DCA 1980)
- Colonial Penn Ins. Co. & John Larocca v. Blair, 380 So. 2d 1305 (Fla. 5th DCA 1980)
- Carroll Contracting, Inc. v. The Honorable William F. Edwards, 528 So. 2d 951 (Fla. 5th DCA 1988)
- Sykes v. ST. Andrews Sch., 619 So. 2d 467 (Fla. 4th DCA 1993)
- Cantor v. Toyota Motor Sales, 546 So. 2d 766 (Fla. 5th DCA 1989)