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Winslow v. Montana Rail Link12/18/2001
d 734.
This matter is remanded to the District Court for entry of an order, consistent with the above discussion of Rule 35, M.R.Civ.P., specifying the "time, place, manner, conditions and scope" of the examination.
MRL's request for a stay of District Court proceedings pending resolution of the petition for writ of supervisory control is denied as moot.
DATED this 18th day of December, 2001.
KARLA M. GRAY
W. WILLIAM LEAPHART
JAMES C. NELSON
JIM RICE
Justice Jim Regnier did not participate in the above matter.
Justice Terry N. Trieweiler dissenting.
I concur with the majority's conclusion that this is an appropriate case for the exercise of supervisory control. I also concur with the Court's conclusion that the District Court's order lacked the specificity regarding the parameters for a psychiatric exam that is required by Rule 35, M.R.Civ.P.
I dissent from the majority's conclusion that Rule 35, as interpreted by the United States Supreme Court, in Schlagenhauf v. Holder (1964), 379 U.S. 104, authorizes a mental examination in this case.
I agree with the interpretation and application of Schlagenhauf by the Supreme Court of Texas in Coates v. Whittington (Tex. 1988), 758 S.W.2d 749. In Coates, the plaintiff claimed damages for mental anguish she experienced as a result of physical injuries she alleged were caused by the defendant's product. The trial court ordered that she undergo a mental examination pursuant to a Texas rule of civil procedure derived from the same federal Rule 35 which was interpreted by the United States Supreme Court in Schlagenhauf. However, the Texas Supreme Court concluded after considering Schlagenhauf that the trial court abused its discretion by ordering Coates to submit to a mental examination. The Texas court gave the following explanation for its decision:
Drackett maintains that Coates' mental condition is in controversy because she has pleaded for mental anguish damages. In support of its position, Drackett relies on Schlagenhauf, 379 U.S. at 119, 85 S.Ct. at 243, where the United States Supreme Court stated:
A plaintiff in a negligence action who asserts mental or physical injury . . . places that mental or physical injury in controversy and provides the defendant with good cause for an examination to determine the existence and extent of such asserted injury.
In Schlagenhauf, however, the court also warned that sweeping examinations of a party who has not affirmatively put his mental condition in issue may not be routinely ordered simply because the party brings a personal injury action and general negligence is alleged. Id. at 121, 85 S.Ct. at 244. Further, federal courts that have applied Rule 35 in light of Schlagenhauf have consistently distinguished "mental injury" that warrants a psychiatric evaluation from emotional distress that accompanies personal injury . Compare Anson v. Fickel, 110 F.R.D. 184, 186 (N.D.Ind. 1986) (mental condition is in controversy when plaintiff claims mental problems that required confinement in a psychiatric hospital) and Love v. Philadelphia Newspapers, Inc., 101 F.R.D. 296, 298-99 (E.D.Pa. 1983) (mental condition is in controversy when plaintiff claims severe emotional distress and seeks to prove damages through testimony of psychiatrist) with Cody v. Marriott Corp., 103 F.R.D. 421, 423 (D.Mass. 1984) (mental condition is not in controversy when plaintiff claims emotional distress and does not claim a psychiatric disorder requiring psychiatric or psychological counseling).
In her suit against Drackett, Mrs. Coates asser
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