Does Party's Waiver of Medical Records Privilege in Suit She Filed Also Waive Privilege of Those Records In a Different Case?

Where New Suit Was Not Filed by Party Asserting Privilege, But Is Based on Same Incident

Todd L. Leopold, et al. v. Ace Doran Hauling & Rigging Co., et al., Case no. 2012-0438

Eighth District Court of Appeals (Cuyahoga County)

ISSUE: When a party involved in a multi-car auto accident waived the privilege of her confidential medical records by filing a personal injury lawsuit against another party involved in the accident, but later dismissed that lawsuit, may the defendant in the dismissed action later make use of confidential information from the disclosed medical records in a different lawsuit, not filed by the party asserting the privilege, that is based on the same accident?