AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges

KENNETH MATT ANDERS, Plaintiff, v. ILLINOIS CENTRAL RAILROAD COMPANY, Defendant.

ORDER

DONALD WILKERSON, Magistrate Judge

This matter is before the Court on the Motion for Physical Exam filed by Defendant Illinois Central Railroad Company pursuant to Fed.R.Civ.P. 35 on January 17, 2007 (Doc. 18). The Plaintiff has not objected to the request for physical exam. As specified below, the motion is GRANTED.

Federal Rule of Civil Procedure 35(a) states that:

(1) The court where the action is pending may order a party whose mental or physical condition — including blood group — is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner.
(2) The order:
(A) may be made only on motion for good cause and on notice to all parties and the person to be examined; and
(B) must specify the time, place, manner, conditions, and scope of the examination, as well as the person or persons who will perform it.

Fed.R.Civ.P. 35(a) (effective Dec. 1, 2007).

In his complaint, Plaintiff alleges physical injury as a result of defendant's negligence, and has therefore raised his medical condition as an issue in the case. Thus, the Court finds good cause for a medical examination of the Plaintiff.

The Court hereby ORDERS Plaintiff, Kenneth Matt Anders to appear at a physical examination by Dr. Peter J. Anderson, an orthopedic surgeon, at his offices located in Glen Carbon, Illinois, on Tuesday, February 12, 2008, at 1:00 p.m. Defendant shall forward to Plaintiff's counsel a copy of the doctor's report after the completion of the examination.

IT IS SO ORDERED.

Use AI to get other relevant cases.

Comments

ANDERS v. ILLINOIS CENTRAL RAILROAD COMPANY
(Feb 1, 2008)