Ex parte Altapointe Health Systems, Inc.Annotate this Case
Altapointe Health Systems, Inc., and Altapointe Healthcare Management, LLC (collectively referred to as "Altapointe"), petitioned for a writ of mandamus to direct the Mobile Circuit Court to vacate its order compelling Altapointe to respond to certain discovery requests and to enter a protective order in its favor in an action pending against it. Jim Avnet, as father and next friend of Hunter Avnet, sued Altapointe. Altapointe operated group homes for adults suffering from mental illness. Avnet asserted that Hunter, a resident at one of Altapointe's group homes, was assaulted by another resident with a blunt object, and was stabbed multiple times with a kitchen knife. Avnet asserted various claims of negligence and wantonness against Altapointe, including claims that Altapointe failed to comply with various unspecified regulations and guidelines designed to protect Hunter's safety and that Altapointe was negligent or wanton in hiring, training, and supervising its employees. Along with his complaint, Avnet served Altapointe with written discovery requests. Avnet's discovery requests sought the total amount of Altapointe's liability-insurance coverage limits; information regarding prior claims or lawsuits against Altapointe alleging personal injury or assault at the home; information concerning whether Altapointe was aware of any previous "aggressive acts" by the resident; and information and documents regarding Altapointe's own investigation of the incident. Altapointe objected to Avnet's discovery requests, contending that the information and documents requested were protected by certain discovery privileges. The Alabama Supreme Court concluded Altapointe offered sufficient evidence demonstrating that it was entitled to the quality-assurance privilege provided in 22-21-8, Ala. Code 1975 as to Avnet's request for information and documents relating to Altapointe's own investigation of the incident. Accordingly, the petition for writ of mandamus was granted as to that request. As to the remaining requests, however, Altapointe did not sufficiently establish that the discovery protections of the AMLA or the psychotherapist-patient privilege applied. Thus, as to those requests, the petition was denied.