Witte v. Fullerton

WILLIAMS, Chief Justice.

Mrs. Jewell Fullerton, defendant in error, filed an action against Fred Witte, plaintiff in error, to recover for personal injuries allegedly received in a motor vehicle collision. Plaintiff in error appeals from order overruling his motion for a new trial following judgment against him based upon jury verdict. The parties are referred to hereinafter as they appeared in the trial court.

Two weeks before trial defendant filed “Motion for Physical Examination” in which he requested the trial court “to require the plaintiff to submit to a physical examination by a doctor…