Ryan Day v. Alaska Boat Company, LLC

Summary

The United States District Court for the Western District of Washington partially granted and partially denied Alaska Boat Company’s motion to compel Ryan Day to undergo a Rule 35 neuropsychological examination. The Court authorized the examination subject to detailed conditions governing recording, attorney participation, confidentiality, disclosure of raw data and test results, timing, deposition, and permissible questioning.

Holdings

1. Because Plaintiff placed his physical condition in controversy and Defendant demonstrated good cause, Plaintiff must submit to a Rule 35 neuropsychological examination, subject to the conditions imposed by the Court.
2. Only the interview portion of the examination may be attended or recorded by Plaintiff's attorney or a representative; the testing portion must be unobserved and unrecorded, although a legal representative may sit outside the testing room to ensure that environmental distractions do not affect the testing.
3. The examiner must disclose to Plaintiff's counsel or a qualified licensed psychologist the raw data, test results, interpretive manuals, and factual materials considered in forming the examiner's opinions, subject to confidentiality and litigation-use restrictions.

Questions Presented

1. Whether Defendant established that Plaintiff's physical or mental condition was in controversy and that good cause existed for an additional Rule 35 neuropsychological examination.
2. Whether the interview and testing portions of the examination could be recorded or observed by Plaintiff's counsel or a representative.
3. Whether the examiner was required to disclose raw data, test results, and other materials considered in forming the examiner's opinions.

Disposition

other