Marshall v. Peters

JOHN W. PECK, District Judge.

In this action plaintiff seeks to recover for injuries allegedly suffered in an automobile accident, including “a whip lash sprain of the cervical spine” and extensive aggravation of “a pre-existing but non-disabling heart condition.” Having by answer denied these allegations as to injury, the defendant now seeks by motion to cause the plaintiff to submit to-physical “examinations” for the purpose of determining the exact nature and extent of his injuries. It is this motion which is presently before the Court.

While not requested in the motion itself, by supporting…