On December 21, 2018 a
Order
was filed
involving a dispute between
Salerno Giugliano, Adrienne,
and
Eastern Commonwealth Moving & Storage Inc,
Porter, Joseph M,
for Torts
in the District Court of Suffolk County.
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COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss. SUPERIOR COURT
str CIVIL ACTION
aes so NO. 18-3916
“ P. ADRIENNE SALERNO GIUGLIANO
PR,
Dietd- vs.
M.FN- .
Rw, JOSEPH M. PORTER and EASTERN COMMONWEALTH MOVING & STORAGE,
INC.
ino
ORDER ON PLAINTIFF’S MOTION TO COMPEL DISCOVERY AND DEPONENT
GENERAL STAR INSURANCE COMPANY’S MOTION TO QUASH SUBPOENA
This case came before the court on Plaintiff's Motion to Compel Discovery and
Deponent General Star Insurance Company’s Motion to Quash Subpoena. In this case, the
plaintiff asserts claims for loss of consortium against the defendants based upon injuries that her
husband Jerry Vinnie Giugliano sustained as a result of a motor vehicle accident. Mr. Giugliano
settled his case against the defendants for a substantial sum paid by the defendants’ insurance
carriers, which included deponent General Star. Apparently, that settlement did not resolve the
plaintiff's claims of loss of consortium arising from the same accident. Discovery has been
somewhat confounded by the fact the Mr. Giugliano is “missing” and his location unknown by
the plaintiff for some time; nor, does the plaintiff know if or when he will return. Therefore, the
court enters the following ORDER covering both motions.
1. General Star Ins. shall produce to the plaintiff any medical records relating to Mr.
Giugliano that it has in its possession or control. The plaintiff shall maintain the
confidentiality of these medical records and may not show them to anyone other thancounsel or an expert witness and must return or destroy the medical records when this
action is complete.
2. The defendants and General Star Ins. shall produce any oral recorded or written and |
signed statement of Mr. Giugliano in their possession or control. Although work product, -
Mr. Giugliano’s absence establishes that there is, at present, no other method to obtaina
statement from Mr. Giugliano concerning the accident, if such a statement exists. 1
3. General Star’s motion is otherwise allowed and the plaintiffs motion is otherwise denied.
Dated: May 22, 2020
/s/ Mitchell H, Kaplan |
Mitchell H. Kaplan |
Justice of the Superior Court
Document Filed Date
June 02, 2020
Case Filing Date
December 21, 2018
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COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT str CIVIL ACTION aes so NO. 18-3916 “ P. ADRIENNE SALERNO GIUGLIANO PR, Dietd- vs. M.FN- . Rw, JOSEPH M. PORTER and EASTERN COMMONWEALTH MOVING & STORAGE, INC. ino ORDER ON PLAINTIFF’S MOTION TO COMPEL DISCOVERY AND DEPONENT GENERAL STAR INSURANCE COMPANY’S MOTION TO QUASH SUBPOENA This case came before the court on Plaintiff's Motion to Compel Discovery and Deponent General Star Insurance Company’s Motion to Quash Subpoena. In this case, the plaintiff asserts claims for loss of consortium against the defendants based upon injuries that her husband Jerry Vinnie Giugliano sustained as a result of a motor vehicle accident. Mr. Giugliano settled his case against the defendants for a substantial sum paid by the defendants’ insurance carriers, which included deponent General Star. Apparently, that settlement did not resolve the plaintiff's claims of loss of consortium arising from the same accident. Discovery has been somewhat confounded by the fact the Mr. Giugliano is “missing” and his location unknown by the plaintiff for some time; nor, does the plaintiff know if or when he will return. Therefore, the court enters the following ORDER covering both motions. 1. General Star Ins. shall produce to the plaintiff any medical records relating to Mr. Giugliano that it has in its possession or control. The plaintiff shall maintain the confidentiality of these medical records and may not show them to anyone other thancounsel or an expert witness and must return or destroy the medical records when this action is complete. 2. The defendants and General Star Ins. shall produce any oral recorded or written and | signed statement of Mr. Giugliano in their possession or control. Although work product, - Mr. Giugliano’s absence establishes that there is, at present, no other method to obtaina statement from Mr. Giugliano concerning the accident, if such a statement exists. 1 3. General Star’s motion is otherwise allowed and the plaintiffs motion is otherwise denied. Dated: May 22, 2020 /s/ Mitchell H, Kaplan | Mitchell H. Kaplan | Justice of the Superior Court