John Benning v. Richard L. Phelps

Defendant appeals from a judgment for plaintiff entered upon a jury verdict in an action brought to recover damages for injuries sustained in an automobile collision.

Prior to the commencement of this action, plaintiff, at defendant’s request, voluntarily submitted to a physical examination by a physician of defendant’s choice. Later, after suit was filed, plaintiff refused to submit to another physical examination and the defendant moved the trial court to order plaintiff to do so. The court granted the motion and ordered the defendant to provide plaintiff with a copy of the report of the…