Racioppa v. Hanson

This is a motion to quash a subpoena duces tecum served by the defendant-respondent on the plaintiff-petitioner’s hospital. Plaintiff is in the process of being examined before trial in his personal injury action. The respondent says that his testimony as to his injuries is so fantastic as to be incredible and that the hospital records are to be used solely for the purpose of refreshing his recollection. The plaintiff says that the records should not be produced because the hospital is not a party, is not even a witness sought to be examined, and that they are confidential communications.

Were…