Scheffler v. Lee

Constable, J., delivered the opinion of the Court. The only question involved in this appeal is the right of the trial Court to order a physical examination by a physician of its own selection, to be made of a party suing to recover damages for personal injuries alleged to have been inflicted by the defendant to the action. The appellant brought an action to recover damages for personal injuries, the result of an alleged assault by the appellee, a minor. The appellee filed a petition, alleging that, although he had requested the appellant to submit herself to an examination, so that the nature, extent and permanency of the injuries for which she sought recovery might be ascertained, yet the appellant had refused to comply; and prayed the Court to order such an examination made under its control and direction.

The Court passed an order nisi on the petition; and, after the objections of the appellant were heard, passed an order directing the appellant to submit herself to the examination of a physician selected by it, and providing therein that the defendant should file a state ³⁷⁵ ment setting ont the extent and character of the examination desired, and further providing that the appellant should have leave to file á statement of the character and extent of any further examination which she might desire the physician to make, or matters or facts which she might desire to call to his attention. It was further provided that in the event of the appellant refusing to submit to such an examination before a certain day a judgment of non pros, should be entered against her. The appellee, in accordance with the foregoing order, filed a statement of the character and extent of the examination desired by him, as follows: “(a) The extent and character of the wound alleged in the na/rr. to have been inflicted on her neck or chest by the defendant on or about the 27th- day of February, 1914. “(b) "Whether the said wound is at this time healed, and if so how long the same has been healed, and if not, the present condition thereof. “(c) The extent of the pain and suffering caused the plaintiff thereby. “(d) "Whether said alleged wound incapacitated the plaintiff from engaging in those