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ROOSEVELT HOTEL LTD. PARTNERSHIP v. SWEENEY

No. 85-1597.

394 N.W.2d 353 (1986)

ROOSEVELT HOTEL LIMITED PARTNERSHIP, Plaintiff, v. David SWEENEY and Michael McNamara, d/b/a R Place; Douglas M. Ihde, d/b/a Werni's Tap; Joseph Hartwig, Karen P. Ackmann, and Wade A. Usher, Defendants. Kimberly H. BROWNING, Matthew L. Browning, and Samuel L. Browning, A Minor Child by his Mother, Kimberly H. Browning, Appellees, v. David SWEENEY and Michael McNamara, d/b/a R Place Lounge; Douglas M. Ihde; d/b/a Werni's Tap, Defendants, Joseph Hartwig, Karen P. Ackmann, and Wade A. Usher, Appellants.

Supreme Court of Iowa.

Rehearing Denied November 13, 1986.

Attorney(s) appearing for the Case

John M. Bickel and Diane Kutzko of Shuttleworth & Ingersoll, P.C., Cedar Rapids, for appellant Karen P. Ackmann.

James M. Powers of Hines, Pence, Jackson, Day & Powers, Cedar Rapids, for appellant Joseph Hartwig.

Thomas Read of Crawford, Sullivan, Read & Roemerman, Cedar Rapids, for appellant Wade A. Usher.

Lloyd E. Humphreys of Humphreys & Associates Law Firm, P.C., Cedar Rapids, for appellees.

Considered by REYNOLDSON, C.J., and LARSON, SCHULTZ, WOLLE and NEUMAN, JJ.

SCHULTZ, Justice.

The issue in this case is whether a defendant in a personal injury action may, through a court order, force the plaintiff to execute a patient's waiver authorizing defendant's counsel to communicate privately with and obtain medical information relevant to plaintiff's personal injury action from various health care providers. The plaintiff concedes that by bringing the action for her injuries she has waived her statutory physician-patient privilege...

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