The defendants brought a motion seeking an assessment of the plaintiff, Ruth Campbell, to determine her capacity to testify at trial due to advancing dementia, and for disclosure of a capacity assessment report obtained by the plaintiffs.
The court granted the assessment for the purpose of determining her ability to testify, but strictly limited the use of the resulting report to a voir dire on her testimonial capacity, prohibiting its use for substantive issues of liability or damages.
The court also ruled that the plaintiffs' capacity assessment report, obtained to determine the need for a litigation guardian, was protected by solicitor-client and litigation privilege and not subject to disclosure.
