Nathanson v. Johnson

In Nathanson v. Johnson (126 AD2d 475 [1st Dept 1987]), the appellate court, reversing the court below, held that defendants should be permitted to conduct further examinations by a dentist and a neurologist, notwithstanding that plaintiff had been examined by a general and orthopedic surgeon designated by defendants. Defendants' designated expert had died and his examination took place despite plaintiff's failure to present any hospital records or X rays for his review. Further, plaintiff later submitted medical and hospital records which confirmed the need for further examination by dental and neurological specialists. While the appellate court noted that the physician who conducted the earlier examination had died, it did not specifically reference this fact in concluding that further examinations should be allowed. Rather, the appellate court more generally cited "the particular circumstances herein presented" as well as the amount of damages (over $2 million) sought in the action (126 AD2d at 477).