COURT WATCH: In view of inconsistent trial court rulings, Judge Sabatino saw the need for a uniform procedure to deal with a third party observing and the recording of DMEs.
June 30, 2022 at 12:00 PM
7 minute read
May a plaintiff be accompanied by a third party and record a defense medical exam? Maybe, said the court, on May 3, 2022, in Difiore v. Pezec, 2022 WL 1310258. This decision arises out of three consolidated personal injury cases.
In DiFiore v. Pezic, where plaintiff was injured while a passenger in a taxi, the trial court barred plaintiff’s friend from attending plaintiff’s neuropsychological defense medical exam (DME) and permitted only an audio, but not a video, recording of the exam.
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