Civil Procedure Keyed to Friedenthal
Schlagenhauf v. Holder
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A Greyhound bus and tractor-trailer were involved in an accident. Petitioner was driving the bus at the time and was consequently sued by the passengers, as were Greyhound and the owners of the tractor (Contract Carriers, Inc.) and the trailer (National Lead Company). Greyhound cross-claimed against Contract Carriers and National Lead for damages sustained to the bus, alleging the accident was caused due to their negligence. In its answer, Contract Carriers asserted the accident was due to the negligence of the Petitioner. Contract Carriers and National Lead petitioned the District Court for an order to have Petitioner submit to physical and mental exams. Nine physicians’ names were submitted to give the District Court a choice of specialists. The petition, based on the allegations in Contract Carriers’ answer, alleged that Petitioner’s mental and physical condition were at issue. National Lead then filed its own answer to Greyhound’s cross-claim. The District Court, on the ba sis of the petition filed by Contract Carriers, ordered Petitioner to submit to 9 examinations, without a hearing. Petitioner filed a Writ of Mandamus to the Court of Appeals against the Respondent, District Court Judge Holder (Respondent), to set aside the order requiring the mental and physical exams. The Court of Appeals denied mandamus.
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