|The Far Side|
Another trial court decision regarding the permissible parameters of a neuropsychological examination is the Delaware County 1case (from a year ago) of D'Aurizio v. Rota, No. 2013-008170 (C.P. Del. Co. Dec. 2, 2014 Green, J.).
In this Order without Opinion, the court ordered the plaintiff to attend the neuropsychological IME but also mandated that the plaintiff's attorney would be permitted to be present during the interview portion of the exam and that the testing portion of the neuropsychological exam could be videotaped but without an audio component.
The defense was also ordered to share any neuropsychological testing data with the plaintiff's expert after the completion of the exam.
Anyone wishing to review a copy of this Order may contact me at firstname.lastname@example.org.
Here's a LINK to a Pennsylvania Law Weekly article of mine two years ago on the topic.
To review other more recent Tort Talk posts on the permissible parameters of neuropsychological IMEs as determined by trial courts from around the Commonwealth in the absence of appellate guidance, click HERE and HERE.
I send thanks to Attorney Dale Larrimore of the Philadelphia law firm of Larrimore & Farnish, LLP for bringing this case to my attention.