DocketNumber: No. CV 00 0439063 S
Citation Numbers: 2001 Conn. Super. Ct. 13415
Judges: R.A. ROBINSON, J.
Filed Date: 9/26/2001
Status: Non-Precedential
Modified Date: 4/18/2021
On September 6, 2001, the defendant filed a "Motion to Compel IME of the Plaintiff'. This Motion provides in pertinent part that:
2. Although the Plaintiff appeared for the June 18, 2001, IME, he refused to fill-out standard paperwork . . . which prohibited Dr. Stella to perform said IME.
Section 13-11 of the Practice Book concerns physical examinations. Subsection 13-11 (b) of the Practice Book provides as follows:
(b) In the case of an action to recover damages for personal injuries, any party adverse to the plaintiff may file and serve in accordance with Sections
10-12 through10-17 a request that the plaintiff submit to a physical or mental examination at the expense of the requesting party. That request shall specify the time, place, manner, conditions and scope of the examination and the person or persons by whom it is to be made. Any such request shall be complied with by the plaintiff unless, within ten days from the filing of the request, the plaintiff files in writing an objection thereto specifying to which portions of said request objection is made and the reasons for said objection. The objection shall be placed on the short calendar list upon the filing thereof. The judicial authority may make such order as is just in connection with the request. No plaintiff shall be compelled to undergo a physical examination by any physician to whom he or she objects in writing. (emphasis added)
As previously stated, no objection was ever filed concerning the Agreed CT Page 13417 upon Amended Request for Independent Medical Examination, but on September 7, 2001, the defendant filed a "Request for Oral Argument".1
This Court agrees with the well-reasoned and comprehensive decision of Judge Blue in Privee v. Burns, No. 395074 (Jun. 1, 1999),
The plaintiff shall fill out the paperwork and undergo a physical examination by Enzo J. Sella, M.D., on or before October 26, 2001, unless beforehand objections are made in accordance with the appropriate statutes and Practice Book sections.
So ordered.
Richard A. Robinson, J