Court awards spoliation sanction for failure to appear for an IME before surgery.
The court granted the defendant’s motion for spoliation for the plaintiff’s failure to appear for an IME before surgery. After the plaintiff’s deposition, the defendant noticed in the record that the plaintiff had missed an IME appointment and had surgery on her back without notifying the defendant. The defendant moved for spoliation, arguing the plaintiff should have appeared for the IME before her surgery. The court agreed and held that the plaintiff could not claim any injuries related to the level of her cervical spine where she had the surgery. The case provides good guidance for defendants where the plaintiff fails to appear for an IME.
Case Law Alerts, 4th Quarter, October 2020 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2020 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.