Plante v. Stack
Annotate this CasePlaintiff filed this negligence action against Daniel Stack and the Disabled American Veterans Department of Massachusetts, Inc. (collectively, Defendants) seeking damages for injuries he received in an automobile accident. During the proceedings, the superior court justice made three rulings disputed by Defendants: (1) a denial of Defendant’s motion to compel additional discovery from material fact witnesses; (2) a grant of Plaintiffs’ motion for a protective order limiting Defendants’ planned neuropsychological examination of Plaintiff; and (3) a revocation of the pro hac vice admission of defense counsel. The Supreme Court granted Defendants’ petition for the issuance of a writ of certiorari regarding these issues and denied the petition in part and granted it in part, holding that the hearing justice (1) did not err in denying the motion to compel; (2) erred by precluding Defendants’ expert to take a history during the neuropsychological examination of Plaintiff and erred by allowing Plaintiffs’ attorney to be present during the testing phase of the examination but correctly allowed a third-party non-attorney representative to be present; and (3) erred by revoking defense counsel’s pro hac vice admission.
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