Attorneys for a woman who accuses Tommy Lee of sexually assaulting her during a 2003 helicopter ride want a judge to delay any order to turn over their client's medical records to the Motley Crue drummer's legal team.
In her lawsuit, the woman identified only as Jane Doe alleges the attack occurred during what she expected to be a sightseeing tour around San Diego. She maintains in her Los Angeles Superior Court complaint that Lee and the pilot consumed alcohol, marijuana and cocaine before the attack.
Lee's attorneys are demanding that Doe produce her medical records because she has put her health at issue in the case.
"The (Tommy Lee) defendants have a right to defend themselves against plaintiff's baseless and offensive allegations," Lee's lawyers state in their court papers, adding that the plaintiff repeatedly alleges that she continues to suffer anxiety, depression, emotional distress and other harm.
But in their court papers filed Thursday with Judge Holly J. Fujie, Doe's attorneys are asking that she not have to produce the medical information until either 14 days after the 61-year-old Lee's attorneys file an answer to the complaint or 14 days following a ruling on any motion challenging her claims.
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"Plaintiff will be irreparably harmed should she be forced to produce her private and sensitive medical and mental health information to her alleged assailant of sexual assault and battery before such time it is certain that her claims will proceed beyond the pleading stage," Doe's lawyers argue in their court papers.
Once Doe's medical and mental health information is produced, the "cat is out of the bag," leaving Doe with no way to reclaim her privacy or repair any psychological or emotional distress caused by having to release highly personal and sensitive information to a person whom she claims physically and emotionally victimized her," Doe's lawyers further maintain in their court papers.
In her lawsuit filed Dec. 19, Doe maintains she was "trapped with little mobility to leave the cockpit" and that the pilot watched as Lee allegedly assaulted her.
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Once Doe's medical and mental health information is produced, the "cat is out of the bag," leaving Doe with no way to reclaim her privacy or repair any psychological or emotional distress caused by having to release highly personal and sensitive information to a person whom she claims physically and emotionally victimized her," Doe's lawyers further maintain in their court papers.