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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