.jpg)
An appeals panel has ordered a man, who is suing Six Flags Great America for allegedly not preventing an attack on his family at its Gurnee theme park in 2017, to turn over psychiatric records for his wife, whom he claims committed suicide as a consequence of the assault.
The Feb. 24 ruling was delivered by Justice Robert McLaren, with concurrence from Justices Ann Brackley Jorgensen and Donald Hudson, of the Illinois Second District Appellate Court, which is seated in Elgin.
The original lawsuit was filed in November 2017 in Lake County Circuit Court by plaintiffs, identified only as Jane Doe and John Doe.
Illinois Second District Appellate Justice Robert McLaren
| Illinoiscourts.gov
The Does, along with their 12-year-old son, were standing in line Sept. 23, 2017 at the park during Great America's Fright Fest event, when a group of teenagers cut in front of them and voiced obscenities, according to published reports. The parents exchanged words with the teens, and the teens attacked the family, inflicting injuries, the suit said. Several teens were arrested.
The Doe family sued Six Flags, alleging the park failed to protect them from the assault.
During the discovery process in February 2019, the Does said they were not claiming any psychiatric, psychological or emotional injuries. However, they declined to talk about any previous such injuries or illnesses.
In May 2019, Jane Doe killed herself, according to court papers.
John Doe then added a wrongful death claim to the suit that said Jane had suffered brain injuries from the attack, which "rendered her bereft of reason and suicidal," putting her in a state of "insanity."
Six Flags said it learned through pharmacy records that Jane had been prescribed medicine to treat schizophrenia, depression and panic attacks, as well as post-traumatic stress disorder and obsessive disorders.
Lake County Circuit Judge Jorge Ortiz ordered John Doe to identify Jane's mental health providers and furnish her medical insurance records to Six Flags, which would allow Six Flags to acquire her psychiatric records. Doe refused, contending the information was shielded by the Illinois Mental Health and Developmental Disabilities Confidentiality Act. Doe also said the information was irrelevant, because he was not claiming his late wife suffered psychological injuries.
Ortiz found Doe in contempt of court, and Doe appealed.
Justice McLaren determined it was clear the information is fair game.
"A suicide directly implicates a psychological condition or psychological damage. Her mental condition was introduced as an element of the wrongful death claim, making her mental health records discoverable," McLaren observed.
McLaren added that for Doe to prevail in his suit, he needs to prove Jane's head injury made her "insane," leading to her suicide.
"Such proof necessarily entails an examination of her mental condition," McLaren noted. “'Bereft of reason' and 'insanity' implicate a psychological injury."
McLaren sent the case back to Lake County court for further proceedings.
Doe has been represented by the firm of Ekl, Williams & Provenzale, of Lisle.
Six Flags Great America has been defended by the firm of Swanson, Martin & Bell, of Libertyville.