O'Donovan v Cork County Council (Rev2) [2024] IEHC 33 (16 January 2024)

O'Donovan v Cork County Council (Rev2) [2024] IEHC 33 (16 January 2024)

It is not unreasonable or unfair to require the plaintiff to submit to examination by one additional expert where the defendant faces genuine difficulty from conflicting expert opinions, the interests of justice require accurate diagnosis given the scale of the claim, and any unfairness can be ameliorated by waiving privilege over prior reports.

Citation
[2024] IEHC 33
Parties
Plaintiff: Brian O'Donovan; Defendant: Cork County Council
Jurisdiction
Ireland
Judgment Date
16 January 2024
Procedural Posture
Personal Injury / Interlocutory Motion for Stay Pending Medical Examination
Outcome
Plaintiff's proceedings stayed pending examination by Professor Harty.
Legal Topics
Expert Evidence, Stay of Proceedings, Medical Examination, Fairness in Litigation
Civil Procedure Personal Injury Expert Evidence Stay of Proceedings Medical Examination Fairness in Litigation

Case Brief

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Parties

Brian O'Donovan

Plaintiff

Cork County Council

Defendant

Procedural Posture

Personal Injury / Interlocutory Motion for Stay Pending Medical Examination

Legal Issues

  1. 1 Is it fair and reasonable to stay proceedings pending the plaintiff's submission to examination by a second orthopaedic expert retained by the defendant?
  2. 2 Does permitting a second examination constitute impermissible expert-shopping?
  3. 3 What are the limits of a defendant's entitlement to retain multiple experts in a given discipline before deciding whom to call as a witness?

Ratio Decidendi

It is not unreasonable or unfair to require the plaintiff to submit to examination by one additional expert where the defendant faces genuine difficulty from conflicting expert opinions, the interests of justice require accurate diagnosis given the scale of the claim, and any unfairness can be ameliorated by waiving privilege over prior reports.

Court Disposition

Plaintiff's proceedings stayed pending examination by Professor Harty.

Orders

  • Stay of proceedings granted until plaintiff submits to examination by Professor Harty.
  • Court will hear parties as to detail of order and costs.