IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
December 19, 2006
ROBERT E. HARRELL, PLAINTIFF,
ILLINOIS CENTRAL GULF RAILROAD COMPANY, DEFENDANT.
The opinion of the court was delivered by: Proud, Magistrate Judge
Before the Court is defendants' Motion for Physical Exam. (Doc. 28).
Plaintiff alleges that he has suffered "injuries to the muscles, tendons, ligaments, nerves, soft tissues and bones, joints, appendages, shoulders of the body" and that "that he has sustained an aggravation of a pre-existing condition." Doc. 1, ¶9. Plaintiff's physical condition is thus in issue.
Defendant has scheduled an examination by Peter J. Anderson, M.D. Dr. Anderson's curriculum vitae is attached to defendant's Motion. Dr. Anderson appears to be a well-qualified orthopedic surgeon. Based on the allegations of the complaint, the Court finds that an orthopedic surgeon is suitable to examine the injuries in issue.
Upon consideration and for good cause shown, defendants' Motion for Physical Exam. (Doc. 28) is GRANTED. Plaintiff is ordered to appear for physical examination by Peter J. Anderson, M.D., at the time and place set forth in the motion, or at some other mutually agreeable time and place.
Defendant is ordered to reimburse plaintiff for his reasonable expenses incurred in attending the examination, and to supply plaintiff's counsel with a copy of Dr. Anderson's report promptly upon receipt of same.
IT IS SO ORDERED.
CLIFFORD J. PROUD UNITED STATES MAGISTRATE JUDGE
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