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ASHE v. SHAWMUT WOODWORKING & SUPPLY, INC.

SJC-13152.

489 Mass. 529 (2022)

CAROLE A. ASHE, coconservator, & another v. SHAWMUT WOODWORKING & SUPPLY, INC., & another; HAVEN RESTORATION, INC., third-party defendant.

Supreme Judicial Court of Massachusetts, Suffolk.

April 15, 2022.

Attorney(s) appearing for the Case

Marsha V. Kazarosian ( Shawn P. O'Rourke , Walter A. Costello, Jr. , & Marc A. Moccia also present) for the plaintiffs.

Mark B. Lavoie for Shawmut Woodworking & Supply, Inc.

Matthew C. Welnicki , for Lanco Scaffolding, Inc., was present but did not argue.

Lee Dawn Daniel , Thomas R. Murphy , Kevin J. Powers , & Paul R. Johnson , for Massachusetts Academy of Trial Attorneys, amicus curiae, submitted a brief.

Kyle E. Bjornlund & Grant D. King , for Massachusetts Defense Lawyers Association, amicus curiae, submitted a brief.

Present: Budd, C.J., Gaziano, Lowy, Cypher, Kafker, & Wendlandt, JJ.

A court may order a party whose mental or physical condition is at issue to "submit to a physical or mental examination by a physician ... for good cause shown." Mass. R. Civ. P. 35(a), 365 Mass. 793 (1974). Here, in connection with an appeal of such an order in a negligence suit, we are asked...

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