Ohio Judge Orders Physical Exams for Plaintiffs Despite Their Unwillingness to Travel

CLEVELAND - An Ohio judge has ordered two silica plaintiffs to submit to physical examinations performed by a doctor retained by defendants after the plaintiffs resisted a request to undergo the exams in the city where they filed their complaints. In Re: Master Consolidated Case Silica (And Mixed Dust)/Asbestos Docket, Nos. 469131/469134 (Ohio Ct. Comm. Pls., Cuyahoga Cty.).

Judge Leo Spellacy of the Cuyahoga County Court of Common Pleas entered the order last month, granting the defense motion for an independent medical exam under Ohio Rule of Civil Procedure 35.

According to a defense motion to compel plaintiffs Teddy …