Kutner v. Urban

Defendants, Guy Urban and Charlyn Bethell, have brought a motion for a protective order barring the plaintiff, Janet Kutner’s, attorney, Robert Kutner, from attending her medical examination by a defense expert pursuant to MassR.Civ.P. 35. The defense objects to the presence of counsel at the examination, given the risk of counsel interference with the examination, the full faculties of the plaintiff, and the principles of fairness contained within Rule 35. The plaintiff argues that her attorney, who is also her brother, would not interfere with the proceedings, would provide emotional…