Hamilton v. Home Depot U.S.A., Inc. et al
Filing
60
MEMORANDUM AND ORDER granting in part and denying in part 51 Motion to Require Plaintiff to Execute Authorization for Release of Records from Veterans Administration. Plaintiff SHALL EXECUTE a medical records release for records composed between November 1, 2008, and the date of execution.Signed by Magistrate Judge C Clifford Shirley, Jr on 08/29/2013. (KAW)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
RANDAL EARL HAMILTON,
Plaintiff,
v.
HOME DEPOT USA, INC., et al,
Defendants.
)
)
)
)
)
)
)
)
)
No. 3:13-CV-86
(VARLAN/SHIRLEY)
MEMORANDUM AND ORDER
This case is before the undersigned pursuant to 28 U.S.C. § 636, the Rules of this Court,
and Standing Order 13-02. Now before the Court is Defendants’ Motion to Require Plaintiff to
Execute Authorization for Release of Records from Veterans Administration [Doc. 51], which is
ripe for adjudication [see Docs. 57, 58].
The parties appeared before the undersigned
telephonically on August 28, 2013, to address this motion.
The Defendants maintain that they need medical records from the Plaintiff’s treatment at
the Veterans Administration Medical Facilities in Johnson City, Tennessee, (hereinafter “the
VA”), in order to determine medications that the Plaintiff may have been taking at the time of the
accident and to evaluate his physical capacity before and after the accident. The Defendants
argue that the medications the Plaintiff was taking at the time of the accident are relevant to
liability, and the Plaintiff’s physical capacity and health generally are relevant to calculating
damages for lost wages.
Plaintiff responds that the Defendants’ request, which is not limited in time or scope, is
unreasonable. Plaintiff maintains that the Plaintiff did not even receive treatment at the VA for
injuries caused by the accident at issue in this case. Generally, Plaintiff argues that his filing of
this lawsuit did not entitle Defendant to engage in unfettered expedition through Plaintiff’s
medical records.
The Court finds that the Defendant is entitled to a records release, because the records
may be relevant to both liability and damages. The release, however, will be limited in time.
The parties agreed that this ruling was a reasonable compromise between their two positions.
Accordingly, and for the reasons more fully stated in the telephonic hearing, the Motion to
Require Plaintiff to Execute Authorization for Release of Records from Veterans Administration
[Doc. 51] is GRANTED IN PART and DENIED IN PART. Plaintiff SHALL EXECUTE a
medical records release for records composed between November 1, 2008, and the date of
execution.
IT IS SO ORDERED.
ENTER:
s/ C. Clifford Shirley, Jr.
United States Magistrate Judge
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?