The defendants brought a motion for leave to conduct a second psychiatric assessment of the plaintiff, despite the action having been set down for trial almost four years prior.
The plaintiff claimed severe psychological impairment from two motor vehicle accidents.
The defendants' psychiatrist had not assessed the plaintiff since 2015, and the plaintiff's experts recently delivered updated reports indicating her condition had worsened and she was permanently unemployable.
The court granted leave under Rule 48.04(1), applying a flexible approach focused on trial fairness.
The court also ordered the plaintiff to attend a limited one-hour in-person second psychiatric assessment, finding it necessary to level the playing field and avoid prejudice to the defendants.
