• Without Good Cause, Only One IME Allowed Under Pennsylvania Rule of Civil Procedure 4010.
  • March 16, 2017 | Author: Allison L. Krupp
  • Law Firm: Marshall Dennehey Warner Coleman & Goggin, P.C. - Camp Hill Office
  • Christian v. Weis Markets, Inc., No. 2015 cv 4288 (Lackawanna Cnty. C.C.P. Dec. 8, 2016)

    In this case, the court considered whether the defendant had shown good cause under Pennsylvania Rule of Civil Procedure 4010 in requiring the plaintiff to attend two separate independent medical examinations (“IME”). The court considered that Rule 4010 allows the court to order a party “to submit to a physical or mental examination.” While the court found that Rule 4010 does not specifically permit or prohibit more than one examination, the court determined that the defendant bears a heightened burden of demonstrating good cause for multiple examinations. The court specifically focused on the fact that the Rule discusses “a” physical or mental exam, and held that, absent unusual circumstances, the court may only require a party to submit to a single exam. Examples of unusual circumstances provided by the court include where there has been a long lapse of time since the initial examination was performed, where the plaintiff has sustained a new injury since the initial examination occurred, and where the plaintiff concealed an injury at the time of the first examination. The court reasoned that the plaintiff’s right to privacy should not be unduly invaded. The court also considered that the defendant was seeking two consecutive IMEs by two separate orthopedists, which were located 126 miles from the plaintiff’s residence. The court stated that “[a]n injured plaintiff is not a piñata to be poked and prodded until the candy comes out.” Thus, the court held that the defendant had failed to show good cause and was only permitted one IME.