Littlefield v. Torrence

NORTHCUTT, Judge.

Daniel Littlefield sued J. Pat Torrence, seeking damages for injuries he sustained in a motor vehicle accident. The circuit court, eventually dismissed his complaint because he failed to attend two scheduled independent medical examinations. The statute of limitations bars refiling of the suit. While we do not condone Littlefield’s behavior, we reverse.

The accident that resulted in Littlefield’s injuries occurred in September 1994. Lit-tlefield filed suit in 1996. In June 1997, Torrence scheduled the first independent medical examination (IME) of Littlefield for August 1,…