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Showing posts from May, 2011

Non-party's Privileged Documents not Subject to Subpoena or In Camera Review

Naipo v. Border (HSC May 18, 2011)Background.Eshell Mitchell sued the Yuen family after Braddah, the Yuen dog, bit her.At the time of the incident, Mitchell was living with Jennifer Naipo.Mitchell claimed that the Naipo was bitten several times by Braddah several months before it bit her.The Yuens denied that their dog had bitten anyone.Naipo was deposed.She didn't have a lawyer.The Yuen's lawyer told her that she could refuse to answer a question that she believed invaded her personal privacy.Naipo answered all the questions.Naipo testified that she was not taken to the hospital for an injury to her forehead but that she went to the Wahiawa Hospital because a different Yuen dog, Misty, had been bitten her several times on the arm.Mitchell deposed Nanea Yuen.Nanea testified that Misty bit Naipo on her forehead, not her arm, and that they had to go to the hospital for that.In light of the conflicting testimony, Mitchell sought a subpoena duces tecum for hospital records from Wa…