Madison - St. Clair Record

Friday, December 6, 2019

Motion to secure health records of youth suing for negligence granted, but only in part

Lawsuits

By John Breslin | Oct 1, 2019

Gavel

EDWARDSVILLE – A move to secure the health records of a teenager who claims he suffered an injury while working as a youth chaperone has been granted, but only in part.

Madison County Circuit Court Judge David W. Dugan ruled on a motion by the defendants to secure all of the health records of Conor Maguire, who, through his mother, Michelle McCauley, is claiming he suffered an injury on a gate roller.

The defendants, Riverbender.com Community Center Inc., Riverbender Properties LLC and John Hentrick, were denied in their bid to be given all of the health records. Maguire's counsel had offered records relating to his right hand dating back 10 years.

Dugan ordered access to medical records relating to Maguire's left and right hands dating back 10 years, adding that if the plaintiff did not release those records, then the defendants were to be given all of the medical records.

If any record reveals a previous condition, the defendants are entitled to that, Dugan wrote.

The defendants, in their motion, had cited Supreme Court precedent when arguing that they were entitled to the discovery of the health records as it was connected to Maguire's claim he suffers from permanent numbness in his finger, and that it restricts him from playing instruments.

Michelle McCauley filed the complaint last year alleging the defendants breached their duty of care by failing to properly install the gate, which resulted in the young chaperone's hand being crushed.

However, in an aggressive affirmative defense, the defendants alleged that the injuries were caused by Maguire's own conduct "in placing his hand in a pinch point, grabbing the gate in an unsafe area, or otherwise failed to exercise due care for his own safety.”

The defendants are represented by James DeFranco of DeFranco & Bradley PC in Fairview Heights, and attorney Marcus Raymond of Maryland Heights, Mo.

McCauley is represented by Brian M. Wendler, Angie Zinzilieta and Paul Rademacher of Wendler Law PC in Edwardsville.

Madison County Circuit Court case No. 18-L-1080

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