No Sanctions After Medical Exam Where Plaintiff Alleged Battery

OAKLAND, Calif. - A physician's conduct during a defense medical examination that a California silica plaintiff said rose to the level of battery will not result in an award of evidentiary or monetary sanctions, a California judge has ruled. Macias v. Lone Star Industries Inc., et al., No. RG-05-210491 (Calif. Super. Ct., Alameda Cty.).

Alameda County Superior Court Judge Robert B. Freedman said Oct. 27 that he would not grant sanctions on the scale requested by plaintiff Ramon Macias for the doctor's decision to draw blood from Macias during the medical exam and against his objections.

"The record is …