Postell v. Amana Refrigeration, Inc.

ORDER

MOYE, Chief Judge.

Presently before the Court is defendant Amana’s motion for an order pursuant to Fed.R.Civ.P. 35(a) requiring the plaintiff, Robert P. Postell, to submit to a physical examination of his left eye by Dr. Budd Appleton.

Normally, the examination of a plaintiff alleging physical injuries is conducted pursuant to an agreement between the attorneys for the parties. Exhibit A to defendant’s brief in support of its motion to compel discloses that counsel for defendant Amana, in a letter dated April 3, 1980, requested counsel for plaintiff to arrange to make Mr. Posted available…