Robin v. Associated Indemnity Co.

260 So. 2d 118, 1972 La. App. LEXIS 6853
CourtLouisiana Court of Appeal
DecidedMarch 2, 1972
DocketNo. 3773
StatusPublished
Cited by2 cases

This text of 260 So. 2d 118 (Robin v. Associated Indemnity Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robin v. Associated Indemnity Co., 260 So. 2d 118, 1972 La. App. LEXIS 6853 (La. Ct. App. 1972).

Opinion

HOOD, Judge.

We granted defendants’ application for writs to review a judgment of the trial court ordering plaintiff to submit to a medical examination by a doctor of defendants’ choice, but imposing several restrictions on how the examination was to be conducted.

The issue presented is whether defendants have the right to require that plaintiff submit to an unrestricted medical examination conducted by a physician of defendants’ choosing.

Mrs. Anaise C. Robin instituted this suit for damages for personal injuries allegedly sustained by her as a result of a motor vehicle collision. After answering, defendants informally requested that plaintiff submit to a medical examination by Dr. Norman P. Morin, of Lake Charles. In response to that request, counsel for plaintiff wrote to defendants’ attorney advising that Mrs. Robin would submit to an examination by Dr. Morin, but only under the following conditions:

“1. Dr. Morin is not to delve into the question of liability.
“2. He is not to limit the answers of Mrs. Robin to multiple choices.
“3. He is to preserve and produce when he testifies all recordings made during the examination.”

Defendants thereupon filed a formal motion for judgment ordering plaintiff to submit to a relatively unrestricted medical examination by Dr. Morin, alleging in that motion that the doctor would not conduct the examination unless he was permitted to ask multiple choice questions. After a hearing, judgment was rendered by the trial court ordering Mrs. Robin to submit to an examination by Dr. Morin, but [120]*120decreeing that the examination shall be made under the following conditions:

“1. Dr. Morin is not to delve into the question of liability.
“2. He is not to limit the answers of Mrs. Robin to multiple choices.
“3. He is to preserve and produce when he testifies all recordings made during the examination.
“4. Mr. Robin, husband of plaintiff, shall be permitted to be present during the entire examination.
“5. Counsel for Mrs. Robin, plaintiff herein, shall not be allowed to be present during the examination.”

Upon application of defendants, we granted writs of certiorari, prohibition and mandamus to review that judgment. Plaintiff filed an answer to the application for writs, demanding primarily that the application be denied. Alternatively, she prays: (1) That defendants’ demand that she submit to a medical examination be denied, because “good cause” for such an examination has not been shown; (2) that the ruling of the trial court be affirmed; or (3) that, in the event Dr. Morin is permitted an unlimited interrogation of plaintiff as to the facts, plaintiff have the assistance of counsel during said interrogation. The issues raised by those pleadings were tried and determined by the trial court, and the judgment rendered on those issues is before us now.

Article 1493 of the Louisiana Code of Civil Procedure provides:

“In an action in which the mental or physical condition of a party is in controversy, the court in which the action is pending or in which the judgment was originally rendered may order him to submit to a physical or mental examination by a physician, except as otherwise provided by law. The order may be made only on motion for good cause shown and upon notice to the party to be examined and to all other parties and shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made.”

In Simon v. Castille, 174 So.2d 660 (La.App. 3 Cir. 1965), we determined that 'for good cause shown the defendant in a tort action may require the plaintiff, who seeks damages for personal injuries, to submit to a medical examination by a doctor of defendants’ choice. We held that the plaintiff has no absolute right to have her attorney present during that examination, but that the court in its discretion may order that the examination be made in the presence of plaintiff's counsel upon a showing of special circumstances requiring the presence of the attorney. In that case plaintiff failed to show special circumstances sufficient to justify the requirement that her counsel be present during the examination.

We also observed in Simon v. Castille, supra, that the plaintiff in such an action does not have the absolute right to have her husband or her physician present during the court ordered medical examination, but that the court in its discretion may impose such a condition on defendants’ right to have the examination made if special circumstances are shown which require that restriction. In that connection we said, “If she objects to being examined by a strange physician without the presence of her husband or her own personal physician or some relative or other person, this may be good cause for the imposition by the trial judge of such a condition.”

In Lindsey v. Escude, 179 So.2d 505 (La.App. 3 Cir. 1965), we recognized that plaintiff in a tort action does not have the absolute right to require that his or her attorney or some other person be present at the medical examination demanded by defendant. We said there that “a plaintiff may be able to assert good cause why his attorney or some other person should be present at the medical examination.” See also 40 Tulane L.Rev. 404.

[121]*121The general rule, we think, is that for good cause shown the defendant in a tort action may require that the plaintiff, who claims damages for personal injuries, submit to a medical examination by a doctor of defendants’ choice, and that ordinarily no restrictions of any kind should be imposed as to the scope of that examination or as to the manner in which it is to be made. The trial court, however, may require that the medical examination be made subject to some reasonable restrictions or conditions, if special circumstances are shown requiring that the examination be limited or controlled to that extent.

The issue of whether defendants have shown “good cause” for requiring plaintiff to submit to a medical examination was not raised in or determined by the trial court. It was urged for the first time on this appeal. We have decided to consider that issue, even though it was not ruled on by the trial court.

One of the important issues presented in this case relates to plaintiff’s physical condition. In the event defendants are found to be liable the court will have to consider the nature and extent of plaintiff’s alleged injuries. Mrs. Robin can seek the advice or treatment of as many doctors of her own choosing as she wants, and she can call those doctors as witnesses to testify in her behalf at the trial. Justice demands that defendants also be given the right to require plaintiff to submit to reasonable medical examinations, so that defendants will be able to prepare and present any defense they may have relating to the nature and extent of her alleged injuries. In Schlagenhauf v. Holder, 379 U.S. 104, 85 S.Ct. 234, 13 L.Ed.2d 152 (1964), the United States Supreme Court said:

* * * A plaintiff in a negligence action who asserts mental or physical injury . . .

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Walker v. Marcev
427 So. 2d 678 (Louisiana Court of Appeal, 1983)
Robin v. Associated Indemnity Company
297 So. 2d 427 (Supreme Court of Louisiana, 1973)

Cite This Page — Counsel Stack

Bluebook (online)
260 So. 2d 118, 1972 La. App. LEXIS 6853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robin-v-associated-indemnity-co-lactapp-1972.