The defendant insurer brought a motion for an order compelling the plaintiff to undergo an independent psychiatric examination.
The plaintiff opposed the motion, arguing it was brought too late and would jeopardize the trial date.
The court dismissed the motion, finding that the insurer had possessed the plaintiff's medical records for a considerable time and had already benefited from independent examinations in the accident benefits context.
The court concluded that ordering the examination so close to trial would prejudice the plaintiff and diminish the prospect of a meaningful pre-trial.
