Franklin Gitto sued after being injured in an automobile accident with Salvatore Scamoni.
When Scamoni asked Gitto to undergo independent neurological and orthopedic examinations, Gitto refused to appear for the latter, and that lead to a motion to compel Gitto's cooperation.
After the Sullivan County Supreme Court ruled again Gitto, he appealed to the Appellate Division, Third Department.
Under New York State law, a party can only be compelled to attend a second medical examination upon a showing of "necessity."
In this instance, however, since Gitto claimed to have suffered both neurological and orthopedic injuries, and only one of the pertinent examinations occurred, the Appellate Court was of the view Scamoni was entitled to have his expert orthopedist give Gitto a once-over.
The AD3 clearly put its foot down there.
To view a copy of the Appellate Division's decision, please use: Gitto v. Scamoni