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D.C. v. S.A.

No. 3-95-0568.

670 N.E.2d 1136 (1996)

283 Ill. App.3d 693

219 Ill.Dec. 248

D.C., Plaintiff-Appellant, v. S.A. and J.A., Jr., Defendant-Appellees.

Appellate Court of Illinois, Third District.

September 12, 1996.

Attorney(s) appearing for the Case

James R. Sullivan, Oak Brook, for David Campbell.

James Franklin Best, Joliet, Troy A. Lundquist, Fraterrigo, Best & Beranek, Joliet, for Sharon Arnold, John Arnold, Jr.

Presiding Justice BRESLIN delivered the opinion of the court:

This interlocutory appeal raises the question whether a plaintiff who files a negligence lawsuit introduces his mental condition as an element of his claim and thereby waives his privilege to refuse disclosure of mental health records under the Mental Health and Developmental Disabilities Confidentiality Act (Mental Health Act) (740 ILCS 110/1 et seq. (West 1992)). We hold that a plaintiff does not...

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