RUSUM D. PRASAD AND EILEEN R. PRASAD, PETITIONER,
v.
WAYNE M. TURNER, RESPONDENT

Fla. 5th DCA | 2004-09-17
No. 5D04-1432
GRIFFIN, J., concurs., ORFINGER, J., concurs in result only.
882 So. 2d 490 Florida District Court of Appeal, Fifth District (2004) Positive Treatment
Cited by 2 cases

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Holding

The court denied the petition for writ of certiorari because the petitioners failed to establish irreparable injury.


Facts & Procedural History

The Prasads, defendants in a personal injury case, sought two compulsory medical examinations of the plaintiff, Wayne Turner, one by an orthopaedic su…

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Opinion of the Court
SHARP, W., J.

Rusum and Eileen Prasad seek certiorari review of discovery orders which granted their request for a compulsory medical examination of Wayne Turner (the plaintiff in a personal injury case in which the Prasads are defendants) by a designated orthopaedic surgeon,, but which denied their request for an additional compulsory medical examination of the plaintiff by a designated neurologist. We deny the petition because it fails to establish irreparable injury on the part of petitioners.

Petitioners also request, in the event this court denies their petition, that we strike the trial court’s order which granted their request for an IME examination by a designated orthopaedic surgeon. They assert that this will then allow them flexibility to name a different physician who may have the expertise to address Turner’s physical, as well as his neurologic injuries.

The order under review permits one IME examination and does not preclude discovery by the Prasads of other medical records relating to Turner’s medical condition. If they are unable to obtain the information they require in order to be afforded a fair trial through discovery or through the IME examination, they are without prejudice to file an additional petition in this court, which establishes and demonstrates irreparable harm.

Petition for Writ of Certiorari DENIED.

GRIFFIN, J., concurs.

ORFINGER, J., concurs in result only.


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Citator

Cited By

  • Royal Caribbean Cruises, Ltd. v. COX, 974 So. 2d 462 (Fla. 3d DCA 2008)
    …CL is unable to obtain the information it requires in order to be afforded a fair trial, the dismissal should be "without prejudice to file an additional petition in this court, which establishes and demonstrates irreparable harm.” Prasad v. Turner, 882 So. 2d 490, 491 (Fla. 5th DCA 2004).…

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