Ashe v. Shawmut Woodworking & Supply, Inc.Annotate this Case
In this negligence suit, the Supreme Judicial Court affirmed the judgment of the motion judge allowing a defendant's motion pursuant to Mass. R. Civ. P. 35(a) seeking a court order requiring the injured individual to submit to a neurological examination, holding that neuropsychologists are physicians for the purpose of rule 35.
Thomas Ashe suffered injures as a result of an accident allegedly caused by multiple parties, including Shawmut Design & Construction, Inc. Defendant sought to have Ashe examined by its expert, a board-certified clinical neuropsychologist, but Plaintiffs declined to make Ashe available on the grounds that Rule 35, which applies to examinations performed by a "physician," precluded the examination. The motion judge granted Shawmut's motion for an order requiring Ashe to submit to the examination. The Supreme Judicial Court affirmed, holding that the motion judge did not abuse her discretion by allowing the motion.