IN RE: E. I. DU PONT DE NEMOURS AND COMPANY C-8 PERSONAL INJURY LITIGATION, This document relates to: Angela Swartz and Teddy Swartz v. E. I. du Pont de Nemours and Company, Case No. 2:18-cv-00136., 379 F. Supp. 3d 669

Summary

HOLDINGS: [1]-The defendant company's motion to permit Fed. R. Civ. P. 35 medical examination was denied because none of the factors courts utilized to determine whether the claimed emotional distress was garden variety were present in the complaint such as claim for intentional or negligent infliction of emotional distress, allegations of specific mental or psychiatric injury, physical injury resulting from her emotional distress, or any emotional distress that did not frequently accompany a diagnosis of cancer. The company had also failed to meet its burden to affirmatively demonstrate good cause to be permitted to subject complainant to a Fed. R. Civ. P. 35 mental examination as complainant's mental condition was not in controversy and there was no affirmative showing that the company could not obtain the requested information from some other source.