Pa. Superior Court Confuses the 'At-Issue' Exception to the Attorney-Client Privilege
The Pennsylvania Superior Court recently has had its struggles and challenges with attorney-client privilege issues.
October 16, 2019 at 05:52 PM
5 minute read
The Pennsylvania Superior Court recently has had its struggles and challenges with attorney-client privilege issues. Those struggles continue with Corey v. Wilkes Barre Hospital, 2019 PA Super 288, (Sept. 23, 2019).
The result in Corey is likely the result of a bad facts/bad law dynamic. The bad facts are that Lesley Corey had decided to file for a divorce from her husband, Joseph Corey. She hired a lawyer who filed a divorce complaint on her behalf. The complaint stated that the Corey marriage was irretrievably broken with no hope of reconciliation. Six months later, while the divorce proceedings were still pending, Joseph Corey died.
Lesley Corey then hired new lawyers and filed a wrongful death/medical malpractice action against Wilkes Barre Hospital in relation to Joseph Corey's demise. In that action, she included a loss of consortium claim, alleging that the hospital's negligence deprived her of the "conjugal fellowship" of Joseph Corey.
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