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Treating Physician Versus Expert Physician: Having Your Cake and Wanting to Eat it Too

Motor Vehicle Litigation / January 5, 2023

In Johnson v State Farm Mut Auto Ins Co, two treating physicians’ uncooperativeness in discovery within an underlying PIP case ultimately led to the Court of Appeals’ ruling that the trial court abused its discretion by failing to impose a lesser penalty of sanctions for Plaintiff’s discovery violations versus its granting of summary disposition. Furthermore, the Court indicated that, regardless of the physicians’ constant refusals to testify absent any expert witness fees, Plaintiff submitted evidence of causation that should have survived summary disposition. The case was then remanded to the trial court to order an appropriate discovery sanction for Plaintiff.

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