Gaylard v. Homemakers of Montgomery, Inc.

Gaylard (plaintiff) sued Oxford Health Care (defendant) alleging its employee Taylor injured her during a bath; before filing suit, Gaylard's attorney Dean recorded a phone conversation with Taylor without disclosing the recording, obtaining significant information even after Taylor initially tried to redirect him to her supervisor and never mentioned any attorney representing her or Oxford. At trial, the circuit court barred Dean from introducing the recording as a prior-inconsistent statement, finding Dean had violated ethics Rule 4.2 (barring contact with a represented party) by speaking with Taylor, and the jury found for Oxford; Gaylard appealed.