The defendant brought a motion seeking an order for the plaintiff, Rafik Yasso, to undergo independent medical examinations (IMEs) by a neuropsychologist and a physiatrist.
The plaintiff opposed, citing past negative experiences with IME scheduling and the triggering of his anxiety/PTSD.
The court found that the defendant had a procedural and substantive entitlement to these examinations.
Despite the plaintiff's past difficulties, the court determined there was no compelling reason preventing his participation and that the prejudice to the defendant in proceeding to trial without responding medical evidence outweighed the plaintiff's inconvenience.
The motion was allowed, and the plaintiff was ordered to attend the IMEs, with no costs awarded due to shared responsibility for the difficulties.
