Smith v. J.I. Case Corp.

163 F.R.D. 229, 33 Fed. R. Serv. 3d 424, 1995 U.S. Dist. LEXIS 11118, 1995 WL 547933
CourtDistrict Court, E.D. Pennsylvania
DecidedAugust 2, 1995
DocketCiv. A. No. 94-6954
StatusPublished
Cited by19 cases

This text of 163 F.R.D. 229 (Smith v. J.I. Case Corp.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. J.I. Case Corp., 163 F.R.D. 229, 33 Fed. R. Serv. 3d 424, 1995 U.S. Dist. LEXIS 11118, 1995 WL 547933 (E.D. Pa. 1995).

Opinion

MEMORANDUM

GAWTHROP, District Judge.

This products liability case, over which this court exercises diversity jurisdiction pursuant to 28 U.S.C. § 1332, is before me on Defendant, Case Corporation’s Motion to Compel Discovery Pertaining to Plaintiffs Remaining Mental Anguish Claims. Case seeks to compel the plaintiff to submit to a six-hour psychiatric examination pursuant to Fed.R.Civ.Proc. 35, and to produce his psychological records from both before and after he was injured by a backhoe manufactured by defendant Case Corporation. Upon the following reasoning, I shall deny Case’s motion.

Plaintiff withdrew a separate tort claim for the emotional distress which he suffered as a result of his accident. Case contends, however, that his mental condition is still at issue in this litigation. It argues because he claims to have suffered compensable damages as a result of “embarrassment” and “myofascial pain syndrome,” his mental condition is still at issue. Case also claims that the plaintiffs physical injuries have “psychological components]” which place his mental condition in controversy.

Under Fed.R.Civ.Proc. 35, the court may order a party to submit to a mental examination only if that party’s mental condition is “in controversy,” and the movant has shown “good cause” for the person to be examined. In Schlagenhauf v. Holder, 379 U.S. 104, 85 S.Ct. 234, 13 L.Ed.2d 152 (1964), the Supreme Court noted that the “in controversy” and “good cause” requirements

“are not met by mere conclusory allegations of the pleadings—nor by mere relevance to the case—but require an affirmative showing by the movant that each condition as to which an examination is sought is really and genuinely in controversy and that good cause exists for ordering each particular examination.”

Id. at 118, 85 S.Ct. at 242^3.

Two recently published cases conducted a thorough review of cases in which psychiatric examinations under Fed.R.Civ.Proc. 35 were at issue, and they concluded that although no “hard and fast rule” has been articulated, courts seem to allow them when 1) there is a separate tort claim for emotional distress, 2) the plaintiff alleges that he suffers from a severe ongoing mental injury or a psychiatric disorder, 3) the plaintiff will offer expert testimony to support the claim, or 4) the plaintiff concedes his mental condition is in controversy. See Turner v. Imperial Stores, 161 F.R.D. 89, 95-96 (S.D.Cal.1995); see also Bridges v. Eastman Kodak Co., 850 F.Supp. 216 (S.D.N.Y.1994).

Thus, a claim of emotional distress, without more, is insufficient to put the plaintiffs mental condition “in controversy.” Turner, 161 F.R.D. at 97; Cody v. Marriott Corp., 103 F.R.D. 421, 422 (D.Mass.1984). The “in controversy” and “good cause” requirements of Fed.R.Civ.Proc. 35 “ ‘make it very apparent that sweeping examinations of [231]*231a party who has not affirmatively put into issue his own mental ... condition are not to be ordered merely because the person’ has made a claim of emotional distress.” Cody, 103 F.R.D. at 422, quoting in part Schlagenhauf, 379 U.S. at 121-22, 85 S.Ct. at 244.

Plaintiff does not even allege to have suffered emotional distress in the Amended Complaint. His claim based upon mental damages is limited to “embarrassment,”1 and it is not pled as a separate tort claim. There is no evidence that he will employ an expert to testify about this embarrassment. There is also no allegation that the “embarrassment” is particularly severe, or that it rises to the level of a psychiatric disorder. This claim of embarrassment, without more, does not place plaintiff’s mental condition “in controversy” within the meaning of Fed. R.Civ.Proc. 35, and it is not “good cause” for requiring plaintiff to submit to six hour psychiatric examination. See Turner, 161 F.R.D. at 95.

Case’s argument that plaintiffs claim for “myofascial pain syndrome” puts his mental condition in controversy is puzzling. “Myofascial syndrome,” also known as “myofascial pain syndrome,” is defined as “irritation of the muscles and fasciae (membranes) of the back and neck causing chronic pain (without evidence of nerve or muscle disease).” Schmidt’s Attorneys’ Dictionary of Medicine, (1978) M-323. The syndrome is not mentioned in the Diagnostic and Statistical Manual (“DSM-IV”) as a recognized psychiatric disorder, and Case has provided no evidence to prove that it is a mental affliction.

Case also argues that plaintiffs submission of psychological services bills as compensable damages is “good cause” for a psychiatric examination. Those bills appear to be, however, for a “behavioral pain management program,” biofeedback, ordered by a physician who treats plaintiffs physical injuries, which allegedly cause him chronic pain. Although a psychologist provides this treatment, the treatment is for plaintiffs physical injury, not for a psychiatric disorder. Defendants may examine those records to insure that the psychological treatment is only for pain management, but the mere fact that a psychologist is treating plaintiffs physical injuries is not evidence that plaintiffs mental condition is in controversy.

In addition to arguing that plaintiffs remaining mental anguish claim is good cause for a psychiatric examination, Case argues that certain “psychological component[s]” to plaintiffs physical complaints constitute good cause as well. These arguments .are without merit. First, Case notes that drugs which plaintiff takes for depression might be causing some of the physical symptoms for which he seeks compensation. This is not good cause for a psychiatric examination. In order to support its argument that plaintiffs non-injury related medication is causing his symptoms, defendant need only call an expert to testify that this medication does cause the symptom of which plaintiff complains. It is difficult to see how a psychiatric examination would provide useful evidence on this point.

. Defendant also claims that plaintiffs admission that he used marijuana on a daily basis, presumably to alleviate the pain from his injuries, is good cause for a psychiatric examination because marijuana use may be relevant to some of his symptoms and to his physical diagnosis. Again, it is difficult to see why a psychiatric examination would assist the defendant in proving these assertions. A physical examination, not a psychiatric examination, would develop how closely related plaintiffs physical injuries and symptoms are related to conditions caused by marijuana use, and then defendant could hire an expert to testify that marijuana use might cause the plaintiffs symptoms or one of the underlying conditions from which he suffers.

For the reasons discussed above, the court also determines that defendant is not entitled to plaintiffs psychological records, with the exception of records kept by the [232]*232behavioral psychologists whose bills the plaintiff claims are compensable damages in this ease. Any psychiatric disorders from which plaintiff has suffered are not relevant to this case.

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Bluebook (online)
163 F.R.D. 229, 33 Fed. R. Serv. 3d 424, 1995 U.S. Dist. LEXIS 11118, 1995 WL 547933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-ji-case-corp-paed-1995.