A New Jersey personal injury suit presents the novel question of whether a deposition witness who appears to be under the influence of drugs can be made to take a spot blood or urine test at the other side's behest. The issue is apparently one of first impression in the state. The question of drug use is also relevant because defense counsel seeks to prove that the plaintiff was using drugs on the day of his injury, which goes to the issue of comparative negligence.
January 06, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
A Middlesex County, N.J., personal injury suit presents the novel question of whether a deposition witness who appears to be under the influence of drugs can be made to take a spot blood or urine test at the other side’s behest.
Disobedience of a judge’s order mandating such a test is the subject of a motion for dismissal of the case, Freeman v. Milric Construction et al., MID-L-1798-04, with sanctions to allow defense lawyers to recoup expenses.
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