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STATE EX REL. SVEJDA v. ROLDAN

No. WD 61266.

88 S.W.3d 531 (2002)

STATE of Missouri ex rel., Kenneth SVEJDA, Relator, v. The Honorable Marco A. ROLDAN, Judge, Circuit Court of Jackson County, Missouri, Respondent.

Missouri Court of Appeals, Western District.

November 12, 2002.

Attorney(s) appearing for the Case

Rebecca S. McGinley, Overland Park, KS, for relator.

Douglas R. Horn, Laurie L. Del Percio, Horn Law Firm, P.C., Independence, MO, for respondent.

Before THOMAS H. NEWTON, P.J., PATRICIA A. BRECKENRIDGE and JAMES M. SMART, JJ.

THOMAS H. NEWTON, Presiding Judge.

I. Background

This original proceeding in mandamus springs from a dispute over the release of raw neuropsychological test data. In the underlying personal injury lawsuit, plaintiff Sharon Diffey seeks damages for mental anguish. Her treating psychologist, Dr. Dennis Cowan, refuses to disclose her raw test data directly to counsel for relator/defendant Kenneth Svejda, citing the ethical principles of psychologists that purportedly...

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