For the first time in my 18 year law career, I have seen a judge order that the Chief Executive Officer of a company undergo an independent medical examination. You see, usually this only happens to folks who claim they were injured in an accident, and the insurance company wants a hired-gun doctor to "evaluate" them (translation: write a report that the person was not hurt no matter what the actual evidence shows).
Well, in this case, we represent a laborer from Houston who was seriously injured while using a product. The product was manufactured by a foreign company.
In this case, on file here in Houston in federal court, we asked to take the deposition of the company's CEO. We went to Germany and began the deposition, however, our lawyers were not able to complete the deposition.
So, we had to go to court and the federal judge ordered that the company produce its CEO to finish his deposition. At that point, the company claimed the CEO had a medical condition and could not testify.
So we want back to court, and, at our request, the federal judge ordered the CEO to undergo an independent medical examination to determine his competency to testify. The doctor's note the company lawyers provided the judge did not quite satisfy their burden of proving a witness is not competent to testify under the Federal Rules of Evidence (Rule 601).
We are awaiting this independent medical examination of the CEO and I'm sure it will be interesting whatever happens next.