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Plaintiff’s Mere Attendance at Defense Independent Medical Examinations Found to be Inadmissible at Time of Trial

Motor Vehicle Litigation / November 16, 2020

In Ramenaden v Olds, et al., the appellate court upheld the trial court’s decision to grant Defendants’ motion in limine to exclude Plaintiff from referencing two IMEs that Plaintiff attended at the request of one defendant. Plaintiff’s overall goal was to infer that because these retained expert witnesses were not called by Defendants to testify at the time of trial, that their findings must be favorable to Plaintiff. The Court of Appeals found that Plaintiff’s mere attendance at these examinations was entirely irrelevant and inadmissible in the absence of an intention to introduce the substance of the actual examination reports.

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