Phifer v. Gingher

Illinois Appellate Court
Civil Court
Mental Health
Citation
Case Number: 
2017 IL App (3d) 160170
Decision Date: 
Thursday, March 30, 2017
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Affirmed and remanded.
Justice: 
WRIGHT

Plaintiff filed complaint against Defendant for damages for “great pain and anguish both in mind and body” from car accident. Plaintiff resisted discovery requests for her mental health records, although Plaintiff answered affirmatively to interrogatories as to whether she was claiming any psychiatric, psychological, or emotional injuries as a result of occurrence. Plaintiff placed her present and past mental health status at issue, and thus waived privilege under Mental Health & Developmental Disabilities Confidentiality Act. (HOLDRIDGE and O’BRIEN, concurring.)