Hartzell v. Breneman
2011 Ohio 2472
Ohio Ct. App.2011Background
- Hartzell v. Breneman involves appellate review of a trial court’s order compelling medical authorizations for Allstate.
- Plaintiffs were injured in a July 11, 2007 car accident and sued uninsured motorist and Allstate.
- Allstate requested medical records or signed release forms; Hartzells proposed a hold-for-view process with a third-party service to allow privilege logging.
- Hartzells argued records must be reviewed to determine relevance and privileges before release.
- The trial court granted Allstate’s motion to compel on April 8, 2010; appeal followed under Civ.R. 2505.02(A)(3)/(B)(4).
- Court held Hartzells waived privilege due to failure to produce records, file a privilege log, and submit records for in-camera review, justifying the order to sign releases.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Hartzell waive privilege by not providing records or a privilege log? | Hartzell sought hold-for-view and privilege log; records not automatically discoverable. | Waiver occurs when no privilege log is produced or records are not provided. | Yes; privilege waived; trial court’s order to sign releases affirmed. |
| Was the court proper in ordering blanket medical authorizations? | Records not proven causally/historically related; hold-for-view needed. | Records not properly discoverable without privilege log; proportional relevance allowed. | Yes; court affirmed the order compelling signing of medical releases. |
Key Cases Cited
- Ward v. Summa Health Syst., 128 Ohio St.3d 212 (2010-Ohio-6275) (privilege not protecting patient when relevant; distinguishes test for non-party physician)
- Patterson v. Zdanski, 2003-Ohio-5464 (7th Dist.) (waiver and in-camera review principles for privilege logs)
- Neftzer v. Neftzer, 140 Ohio App.3d 618 (2000-Ohio-) (remand for in-camera inspection after privilege dispute)
- Waldmann v. Waldmann, 48 Ohio St.2d 176 (1976) (burden on asserting privilege; failure to log can waive claim)
- McPherson v. Goodyear Tire & Rubber Co., 2001-Ohio-1517 (9th Dist.) (privilege log requirement and discovery procedures)
- Huntington Natl. Bank v. Dixon, 2010-Ohio-4668 (8th Dist.) (discretion to determine waiver on case-by-case basis)