Sec. 52-178a. Physical examination of plaintiff, when.
Sec. 52-178a. Physical examination of plaintiff, when. In any action to recover
damages for personal injuries, the court or judge may order the plaintiff to submit to a
physical examination by one or more physicians or surgeons. No party may be compelled
to undergo a physical examination by any physician to whom he objects in writing
submitted to the court or judge.
(February, 1965, P.A. 477; P.A. 82-160, S. 83.)
History: P.A. 82-160 rephrased the section.
Cited. 211 C. 555.
History discussed. 26 CS 338. This section is an extension of section 52-178 providing that an adverse party must
testify. Id. Discussion of legislative intent. Id. It is within the discretion of the court to decide whether plaintiff's objection
to the examination is reasonable and to order said examination if the plaintiff does not sustain his burden of proof. Id.
Plaintiff's objection to particular doctor was sustained where it appeared on oral argument he would have accepted examination by others. 28 CS 11. Cited. 40 CS 265. Legislative history analyzed. Second sentence provides that right of a party
to object to a physician is unconditional. 46 CS 301.