Stating that a mask would obscure a witness’s facial expressions, a Pennsylvania state court trial judge has ruled in favor of compelling a defendant who claims he is afraid of contracting COVID-19 to give an unmasked deposition in a medical negligence case.

In Espinosa v. Luthercare/Spang Crest Nursing Facility, Judge Bradford Charles of the Lebanon County Court of Common Pleas issued an order rejecting Dr. Al Musaddiq Nazeeri’s demand to don a mask during his sworn videotaped deposition in a secluded room away from attorneys for both sides.