The Moving Defendants sought an order requiring the Plaintiff to attend a second psychiatric assessment with Dr. William Gnam, pursuant to Rule 33 of the Rules of Civil Procedure and section 105 of the Courts of Justice Act.
The Plaintiff opposed this, arguing it was an abuse of process as Economical had already obtained a psychiatric assessment from Dr. Veluri.
Alternatively, the Plaintiff requested that if a second assessment was granted, it should be conducted by Dr. Veluri.
The court found that while a second assessment was warranted for trial fairness, the Plaintiff had provided valid reasons to require the assessment to be conducted by Dr. Veluri, who had previously assessed the Plaintiff for Economical.
The court ordered the Plaintiff to attend a second psychiatric assessment with Dr. Ramamohan Veluri.
