State v. Barka

In these consolidated appeals, the defendants, St. Joseph’s Hospital, Scott Carta, Gregory Barka and Curtis Payne, challenge the Superior Court’s (Galway, J.) decision allowing the State access to the parties’ privileged medical records for the purpose of establishing the “serious bodily injury” element of felony aggravated driving while intoxicated. See RSA265:82-a, 1(b), 11(b) (2002); RSA 265:82-b, 1(c) (2002); RSA 625:11, VI (1996). We vacate and remand.

In each case, the defendant was injured in a motor vehicle accident while allegedly operating under the influence of alcohol. Law…