Friday, September 11, 2015

Trial Court Reaffirms Ruling Allowing Plaintiff's Attorney At Neuropsychological IME; But Court Also Allows for Immediate Appeal of Issue

In the case of Romagnoli v. Westmoreland Reg. Hosp., No. 1514 of 2011 (C.P. Westmoreland, Aug. 26, 2015 Marsili, J.) Judge Anthony G. Marsili denied a Defendant's Motion for Reconsideration of a prior Order entered in the same case allowing Plaintiff to have counsel or representative present at independent neuropsychological examination.  The court also reaffirmed its prior decision to allow the Plaintiff to make an audio or stenographic recording of examination.

However, noting the split of authority on the issue, the Romagnoli court granted the defense an immediate right of appeal to have the appellate court address the question presented.

Anyone wishing to review the court's decision in Romagnoli may click this LINK.

I send thanks to Attorney Patrick J. Loughren of the Pittsburgh law office of Loughren, Loughren & Loughren, P.C. for bringing this decision to my attention.

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