Lindsey v. Escude

TATE, Judge.

This case is before us on supervisory writs. In this tort action the defendants-*466relators complain of the trial court’s refusal to continue the jury trial of the cause scheduled for June 20, 1966. They contend that they have been effectively deprived of the opportunity to prepare their defense against the plaintiff Lindsey’s personal injury claim because of his failure to submit to a court-ordered medical examination. Upon a showing of substantial prejudice and what we felt to be an abuse of discretion in failing to continue the trial, we granted certiorari and stayed further…