Emergency Medicine Associates of Jackson, PLLC v. Glover Ex Rel. Glover

¶ 84. I respectfully dissent, as I find no reversible error in the issues raised on appeal.

*1265 I. Denial of Motion for an IME

¶ 85. The majority finds the trial court erred in denying Dr. Brooks and EMA’s motion and renewed motion for an IME. In doing so, the majority, in essence, holds that a request for an IME should never be denied in a case where the plaintiff has asserted a physical or mental injury. However, this is contrary to the good-cause requirement set out in Mississippi Rule of Civil Procedure 35 and takes away any discretion of the trial judge.

¶ 86. Rule 35(a) states that when the…