Tuesday, November 11, 2014

The Bizarro World: Court Grants Plaintiff's Motion to Compel IME of a Defendant

The Bizarro World on Seinfeld
In her recent Halloween decision in the case of Norconk v. Grove, No. 3824-CV-2014 (C.P. Luz. Co. Oct. 31, 2014 Gartley, J.), Judge Tina Gartley of the Luzerne County Court of Common Pleas granted a Plaintiff's motion to compel a Defendant driver to undergo an independent medical examination pursuant to Pa.R.C.P. 4010.

According to information secured on the case, the matter involved a motor vehicle accident during which a tractor trailer allegedly rear-ended the Plaintiff's vehicle.

The truck driver was noted to be 80+ years old as of the time of the incident.  Based upon unspecified information that the Plaintiff's attorney uncovered in the Defendant's medical records, the Plaintiff requested an independent medical examination of the Defendant driver, which was refused.

Notably, in reviewing the wording of Pa.R.C.P. 4010, there is a reference to permissible medical examinations of a "party" and the Rule does not limit itself to IMEs of a Plaintiff.

The Plaintiff filed an innovative motion to compel the Defendant's IME and the court granted the same in an Order without Opinion.  Anyone wishing to review Judge Gartley's Order may click this LINK.

In light of this decision, it is anticipated that the Plaintiff's bar will now finally adopt the correct phrase "Independent Medical Examination."


I send thanks to the prevailing Plaintiff's attorney, Ann Farias, Esquire of the O'Donnell Law Offices in Kingston, PA for bringing this decision to my attention.


Source of Image:  Seinfeld on Pinterest/www.pinterest.com


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