Leopold v. Ace Doran Hauling & Rigging Co.Annotate this Case
Danielle Laurence sued Stephen Stillwagon and Ace Doran seeking damages for personal injuries she suffered in an automobile accident. In discovery, Laurence produced her medical records. Laurence subsequently dismissed her case. Meanwhile, Todd Leopold and his wife sued Stillwagon, Ace Doran, and Laurence, seeking recovery for injuries sustained in the same accident and asserting that Laurence's negligence caused the accident. Laurence moved for a protective order seeking to preclude counsel from using the medical records she produced in her lawsuit. The trial court denied the motion, and the appellate court affirmed, determining that Laurence waived her physician-patient privilege with respect to the accident by filing a claim of personal injury against Defendants. The Supreme Court affirmed, holding that pursuant to the statute establishing the physician-patient privilege, at least two separate provisions applied and specified that the statements made by Laurence to her physician were no longer privileged.