Medical Exams: CSX TRANSPORTATION V. KOLTER (SC; 5/18/2006)

CSX TRANSPORTATION V. KOLTER
CIVIL PROCEDURE – Discovery (reciprocal reproduction of medical examination reports)
2005-SC-000275-MR.pdf
PUBLISHED 
REVERSING (JOHNSTONE)
DATE:  5/18/2006

In this FELA case, Kolter claimed irreversible brain damage for exposure to cleaning solvents while working at CSX.  When CR 35.02(1) is triggered by the examined party’s request for production of the independent medical examiner’s report, that party has a reciprocal obligation to produce a like report of all similar examinations . With or without a written report, the opposing party is still entitled to the test results and raw data obtained by the experts in question.

Michael Stevens

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