Judge: Blaine K. Bowman, Case: 37-2022-00028385-CU-PA-NC, Date: 2023-11-14 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

SOUTH BUILDING TENTATIVE RULINGS - October 19, 2023

10/20/2023  01:30:00 PM  N-31 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Blaine K. Bowman

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  PI/PD/WD - Auto Motion Hearing (Civil) 37-2022-00028385-CU-PA-NC RYAN VS RIOS [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 09/25/2023

The Motion to Compel Plaintiff's Independent Medical Examination brought by cross-defendant Delia Bishop (Bishop) is GRANTED.

This case arises out of an auto accident between plaintiff Celeste Ryan (Ryan or Plaintiff) and defendant Jose Rios (Rios). Bishop was sued by Rios as a cross-defendant. Bishop cross-complainted against both Ryan and Rios, but subsequently dismissed her claims against Ryan. (ROA 60.) Nonetheless, Bishop still seeks to do an independent medical examination of Ryan to obtain information regarding her claims for indemnification against Rios.

Ryan defends against this by arguing that since the time of the accident that gave rise to this lawsuit (February 2, 2020), plaintiff Ryan was in another subsequent auto accident (April 23, 2023). Plaintiff's position is that because she is claiming neck pain, back pain, and headaches, the occurrence of a subsequent intervening accident means that an independent medical examination will be of little value because it will be impossible for a medical expert to parse out the different causes of any neck pain, back pain, or headaches she is having – i.e. it will be impossible to differentiate whether the cause of such pain is the accident that occurred in this case or the accident that occurred subsequently. In addition, Plaintiff notes that she was actually in a third accident before either of these other two, and that accident happened back on December 27, 2019 – making attribution of the various causes of the neck pain, back pain, and headache she is having even more difficult.

It will ultimately be Plaintiff's burden, at trial, to demonstrate causation linking the injuries she claims to the accident in this lawsuit, so the admission that medical professionals may not be able to establish such a causal link seems to run counter to Plaintiff's overall case. Plaintiff ultimately asks that this Court exercise its sound discretion to deny the independent medical examination on grounds that such discovery would be fruitless. The Court declines to do so. Whatever challenges may exist with proper attribution of cause, medical examination will shed light on how difficult that process will be and whether it can be done at all, and it is the province of the fact finder to ultimately determine how much weight to put to such information. At this juncture, denying cross-defendant Bishop the opportunity to obtain relevant discovery for her case would be improper.

Plaintiff Celeste Ryan is ORDERED to submit to an independent medical examination within 20 days of this ruling (or any order thereon).

Unless the ruling(s) above indicate that an appearance is necessary, parties who wish to submit, who are satisfied with the above tentative ruling(s), and/or who do not otherwise wish to argue Calendar No.: Event ID:  TENTATIVE RULINGS

3002034 CASE NUMBER: CASE TITLE:  RYAN VS RIOS [IMAGED]  37-2022-00028385-CU-PA-NC the motion(s) are encouraged to give notice to the Court and each other of their intention not to appear.

Calendar No.: Event ID:  TENTATIVE RULINGS

3002034