Electrocution Victim Ordered To Take Mmpi-2 Test As Part Of Defense Medical Exam

Court: Supreme Court, Nassau County, New York.

Case: Lang v. West Babylon Electric, Inc.

Date: Aug. 14, 2012

From: New York attorney Gary E. Rosenberg

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Facts: On July 9, 2007 plaintiff suffered an electric shock. He was working for the School District of Farmingdale and was zapped in the press box of its football stadium. He claims that the defendant negligently installed the lighting at the stadium, causing his accident. He has brought this personal injury accident case to recover money damages.

This case comes out of defendant's request for additional pre-trial discovery -- even though this case is on the court's trial calendar. Because it's on the trial calendar and supposedly ready for trial, all pre-trial discovery is presumed to have been completed.

The accident plaintiffs (injured husband and his wife) have notified the defense that they have two new expert witnesses to testify at trial, both of them psychologists.

This fight centers on the issue of defendant conducting a psychological examination of the electrocuted plaintiff. Plaintiffs' attorney would only agree to a defense psychological examination limited to 50 minutes long, and refused to permit the injured plaintiff to take

psychological tests including the Minnesota Multiphasic Personality Inventory (MMPI-2).

Defense comes into court to force plaintiff to take his psychological exam they way that the defense wants it, with plaintiff taking the MMPI-2 test. The defense psychologist argues that the MMPI-2 is a standard personality test, which he needs because he doesn't have the luxury of evaluating the plaintiff over time, but must squeeze everything into a single session.

Plaintiff's counsel argues that the test will be excruciating and painful for plaintiff to take.

The Court holds that plaintiff has not shown that forcing him to take the test would be harmful, and he is ordered to submit to a defense psychological examination, including taking of the MMPI-2 test.

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