Skip to main content

One Court of Justice Blog

June 27, 2013

COA finds good cause to compel multiple medical examinations in auto accident case

In Burris v KAM Transport, Inc, the Michigan Court of Appeals held that the trial court should have ordered a plaintiff to submit to independent medical examinations at the defendant's request, even though the plaintiff had already undergone medical examinations in a prior case related to the same injuries, because the condition of the plaintiff was an important issue in the controversy and the previous examinations were almost three years old. The plaintiff had sued both the defendant, owner of a semi tractor-trailer, and an insurance company in separate actions after a collision involving the truck. She underwent medical examinations in the insurance litigation, but the defendant requested that she undergo additional examinations. Under MCR 2.311(A), the trial court has the discretion to order a party to submit to physical or mental examinations for good cause when the mental or physical condition is in controversy. The court reasoned that the new examinations should have been ordered because the condition of the plaintiff was clearly an important issue in controversy and there was good cause to order new examinations because the examinations from the insurance litigation were almost three years old.

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.

ACCEPTCANCEL

Text

+ -

Reset