In an employment dispute arising in HaywoodCounty, the Court of Appeals affirmed the order of the trial judge compelling discovery of medical records and income tax returns of the Plaintiff. In Young v. Kimberly-Clark Corporation, COA 11-1020, decided February 21, 2012, the Court of Appeals reviewed a discovery dispute arising out of an employee suit against the employer claiming wrongful discharge, negligence and infliction of emotional distress. Plaintiff’s damages included lost wages, employment benefits and compensation for emotional distress and/or pain and suffering.
The Plaintiff refused to provide medical records and tax returns claiming that they were not reasonably related to her claims and damages. The Court of Appeals agreed with the trial judge that the information sought was appropriate and that the Plaintiff’s claims of privilege had been waived by the filing of the law suit seeking damages related to that information.