Kovachich v. Dept. of Mental Health & Addiction Services (Dissent)

Summary

Robinson, C. J., dissenting, would have held that the trial court abused its discretion by admitting exhibits 12, 13, and 14 because they contained inadmissible settlement communications. He reasoned that the exhibits could not be admitted to prove the plaintiff’s participation in the interactive process because that process remains related to liability, and that excluding such evidence furthers the confidentiality and conciliatory purposes of the employment-discrimination process. Robinson would have affirmed the Appellate Court’s judgment reversing the trial court.