TONY CAVALLARO, PLAINTIFF-RESPONDENT, v. JAMCO PROPERTY MANAGEMENT, DEFENDANT-APPELLANT, AND JML LANDSCAPING, INC., AND VILLAGE COMMONS, DEFENDANTS., 334 N.J. Super. 557

Summary

Plaintiff fell on an icy sidewalk outside his condominium and sued defendants for injuries to his ankle. Plaintiff disclosed during discovery that he had been treated for depression. Defendants' counsel served plaintiff's psychiatrist and psychologists with a deposition notice and a subpoena for the production of their medical records of plaintiff. The notice cover letter, not sent to plaintiff, suggested the deponents could avoid the deposition, to be held in the attorney's office and not their office or their county, by sending the records to defendants' attorneys, which deponents did. The court affirmed the trial court's finding that N.J. R. Civ. P. 4:14-7(c) was violated and affirmed the discretionary sanction of disqualification of defendants' counsel, considering the severity of the rule violation, nature of the documents, information revealed, prior discovery dispute involving this medical history, and future deterrent effect. The trial court had termed the violation of Rule ...