Pa. Trial Court Denies Defendant Motion For 4th DME

Posted on May 30, 2014

Recently, the trial court addressed an issue involving a defense request for a 4th defense medical exam in a personal injury case. In Gilroy v. Housing & Redevelopment Ins. Exch., No. 09 cv 9064 (C.P. Lackawanna April 23, 2014) (mem.) the trial court denies the request and finds that the defendant failed to show good cause for requiring the plaintiff to undergo a pain management IME when 3 other IMEs had been performed. No new injury was alleged nor did the plaintiff conceal any injury. The trial court notes that the plaintiff’s pain was always at issue and the defendant had the opportunity for pain management to be addressed during the prior IMEs. Importantly, Pa. Rule of Civil Procedure Rule 4010 does not specifically permit or prohibit more than 1 exam but the defendant has a heightened burden of showing good cause for supplemental medical examination.

For a copy of the opinion please contact Schmidt Kramer Pennsylvania Auto Accident Lawyer Scott Cooper at scooper@Schmidt Kramer.com.

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