Little v. Howey

BECKER, District Judge.

This is a suit for damages alleged to have resulted from personal injuries.

On August 9, 1962, the plaintiff was ordered to submit to an examination by a physician and other persons to be selected by the defendant. The plaintiff submitted to an examination by an orthopedist chosen by the defendant. Although the petition for damages alleged nerve injuries, the defendant did not designate a neurosurgeon to participate in the original examination as he might have done. The wording of the original order was deliberately written so as to provide for this.

Because there seems…