Kelley v. Smith & Oby Co.

OPINION

By MATIA and THOMAS, JJ.

Should the court, as defendant moves, require the plaintiff to submit to a psychiatric and neurological examination by Dr. Jay B. Cohn, from which examination plaintiff’s counsel and all other persons are excluded?

The inherent power of an Ohio trial court to compel a plaintiff in a personal injury action to submit to a physical examination is generally defined by the Supreme Court in S. S. Kresge Co. v. Trester, 123 Oh St 383. The first two paragraphs of the syllabus read:

“1. In an action for damages for personal injuries, the trial court has the power to…