The plaintiff in a slip and fall action brought a motion to compel the attendance of a specific store manager for examination for discovery on behalf of the corporate defendants.
The defendants refused to produce the manager, providing medical evidence that she was suffering from terminal cancer and was medically unfit to attend.
The court dismissed the motion, finding that the defendants met the heavy onus required to excuse a selected corporate representative from discovery on medical grounds.
Costs were awarded to the defendants.
