Court Denies Attorney-Client Privilege for Plaintiff's Written List of Ailments

NEW YORK - Maintenance firms defending a mold personal injury action by college employees can question the lead plaintiff about a four-page narrative of symptoms he prepared before filing the lawsuit, a New York court ruled recently. Coiro v. FED Cap Custodial Service Inc., No. 111386/2001 (N.Y. Supr., N.Y. Cty.).

Plaintiff Robert Coiro, a teacher at LaGuardia Community College, declined to answer questions about the document at deposition on advice of counsel. Coiro asserted attorney-client privilege, maintaining that he wrote the narrative with the intention of presenting it to a lawyer and, in fact, did so.

Coiro also asserted …