Employers Mutual Casualty Co. v. Street

OPINION ON MOTION FOR REHEARING

FENDER, Chief Justice.

On Motion for Rehearing, relator contends that the two cases cited by this court in support of our holding that the defendant in a medical malpractice case does not have an absolute right to choose the examining physician under TEX.R. CIV.P. 167a are not on point. Relator contends that the cases do not interpret Federal Rule of Civil Procedure 35(a), from which the Texas Rule is adopted, and therefore, they are of limited value.

The first case of which relator complains is Helton v. J.P. Stevens Company, 254 N.E. 321, 118 S.E.2d 791 (1961).…