Deborah Greenhorn, Plaintiff, v. Marriott International, Inc., Marriott International Administrative Services, Inc, Fairfield FMC Corporation, and Larry Cox, Defendants., 216 F.R.D. 649

Summary

The allegations in the employee's amended complaint extended far beyond a mere "garden variety" claim for emotional distress. The employee alleged that defendants' conduct caused her to sustain lasting and permanent emotional injury in the form of emotional trauma causing insomnia, severe depression, avoidance, withdrawal, suicidal ideation, suspiciousness, social discomfort, low self-esteem, and resentfulness. Also, good cause existed for a mental examination of the employee. The allegations made by the employee in her amended complaint were sufficiently serious and sweeping such that the average lay person might not be able to evaluate properly the nature, extent and cause of the injuries the employee claimed to have sustained. Moreover, mere cross-examination of the employee's expert would be an insufficient test of truth. The court was unwilling to deny defendants the examiner of their choice, but did place certain limitations on the expert's examination. The expert was directed to...