Legal Opinion

Browne v. Superior Court

California Court of Appeal

Decided November 15, 1979No. Civ. No. 46792PublishedCited by 1 opinion

1Opinion of the Court

Opinion

RACANELLI, P. J.

We issued our alternative writ of mandate to examine the single question whether a personal injury litigant may be compelled to submit to a physical examination by a vocational rehabilitation expert who is not a licensed physician. We conclude that neither statutory nor other authority sanctions the examination ordered by the trial court; accordingly, the petition must be granted.

Facts

The facts are undisputed: Petitioner filed a civil damage action against real parties for injuries allegedly sustained as a result of an automobile-motorcycle accident. Petitioner’s future…

2Cases cited15 opinions

  1. Greyhound Corp. v. Superior CourtCalifornia Supreme Court · 1961
  2. People Ex Rel. Younger v. County of El DoradoCalifornia Supreme Court · 1971
  3. Oceanside Union School District v. Superior CourtCalifornia Supreme Court · 1962
  4. Pacific Telephone & Telegraph Co. v. Superior CourtCalifornia Supreme Court · 1970
  5. Bailey v. Superior CourtCalifornia Supreme Court · 1977

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3Cited by1 opinion

  1. Browne v. Superior CourtCalifornia Court of Appeal · 1979

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