An attorney representing the late asbestos attorney Randy Gori’s estate seeks a qualified protective order in accordance to the Health Insurance Portability and Accountability Act (HIPAA) in a woman’s lawsuit alleging she slipped and fell into a Koi pond at Gori’s Edwardsville property.
Widow Beth Gori, who is administrator of Randy Gori’s estate, filed the motion on March 18 through attorney Chris Dallavo of Schueler Dallavo & Casieri in Chicago.
Dallavo wrote that the treating physicians, hospitals, and other health care providers in the case are all “covered entities” and are “prohibited from disclosing protected health information (PHI) in judicial proceedings other than by authorization or qualified protective order.”
“Both the prosecution and the defense of this case will require that the parties, their attorneys, their attorneys’ agents, consultants, and various witnesses and other personnel receive and review copies of the PHI pertaining to Sara Staack, which is in the treating providers’ possession,” Dallavo wrote.
Staack filed her complaint against Gori on July 10, 2020. She was previously represented by Keith Short of Keith Short and Associates PC in Alton. Staack filed a motion for withdraw and substitution of attorney on Feb. 16. Attorney Lanny Darr of Darr Firm in Alton entered his appearance on behalf of the plaintiff.
She claims she was an invitee at Gori’s residence located at 4586 Mooney Creek Road in Edwardsville on July 19, 2019. She was allegedly walking around an infinity pool on a concrete walkway when she claims she fell from the edge. Staack claims she fell approximately six feet and landed in a Koi pond, injuring her head, chin, arm and legs.
She alleges Gori negligently failed to install a guard or protective measures to ensure guests would not fall, allowed the condition to exist without proper markings to indicate a change in height, and allowed a dangerous condition to exist.
Staack also alleges the condition was not open and obvious to invitees and first-time visitors, was not properly lighted and did not give notice of a hazard when natural light was insufficient.
Dallavo filed an answer to the complaint on behalf of Gori, arguing that Staack trespassed by entering an area of the premises without permission. She allegedly “walked around a stone pillar and upon an area covered by flowing water.”
Staack is accused of failing to look where she was walking, resulting in her injuries.
Staack denied the allegations against her.
Madison County Circuit Court case number 20-L-960