Myers v. City of Toledo

In Myers v. City of Toledo, 110 Ohio St.3d 218, 2006 Ohio 4353, P1, 852 N.E.2d 1176, the Supreme Court accepted the following question, certified as a conflict: "'Is a ruling which grants a Civ.R. 35(A) motion for a physical or mental examination made in a special proceeding such as a divorce case or worker's compensation case, a final appealable order under either R.C. 2505.02(B)(2) or R.C. 2505.02(B)(4)?'" The court "answered the question in the negative. An order granting a physical or medical examination, made in a special proceeding, is not a final, appealable order." Id. In reaching this conclusion, the court considered whether an order requiring a medical examination, pursuant to Civ.R. 35(A), affected a substantial right. The Myers court stated, at P22: A party to a cause of action in which the physical condition of the party is in controversy does not have a substantial right to prevent a court from ordering a physical examination. Therefore, a court order requiring a party to submit to an independent medical examination, for good cause shown, does not affect a substantial right and is not a final, appealable order under R.C. 2505.02(B)(2).