Kostel v. Schwartz

[1197.] I concur and write on Issue 5 regarding the trial court’s partial exclusion of evidence relating to Kostel’s mental health.29 I agree with the Court’s affir-mance of the trial court’s decision to deny Dr. Schwartz’s requested use of all of Kos-tel’s mental health history. I write to explain my view of this issue, including additional factual support for our decision. I also write to explain my view of the Court’s discussion regarding the interplay of privilege on the issues.

[¶ 98.] On the issue of liability, which involves Kostel’s ability to physically heal after the surgery, I would…