Some of you know that I have been involved in litigation against the Roman Catholic Diocese of Nashville for the past 6 years, suing it on behalf of two young men (and the mother of one) for outrageous conduct arising out of the abuse of the young men when they were teenagers.

The case was filed in January of 2000, lost on summary judgment in June 2001 shortly before trial, and lost again in the Tennessee Court of Appeals. The Tennessee Supreme Court reversed and remanded; read the opinion here.

The case was set again for trial March 13, 2006 and settled in the late afternoon on Saturday, December 10. Read about the settlement here.

Here is some interesting information on the realtionship between where people live and their tendancy to be involved who tend to be in car wrecks.

A sample: “People who live within one mile of a church are 10 percent less likely to have an accident resulting in a property damage claim than if they lived one more than one mile from the church.”

One of the plaintiffs in this case (Kelly) was injured in a car wreck and had “soft tissue” injuries. The defense sought and was granted a Rule 35 examination by a doctor of its chosing. The doctor opined that the plaintiff “was magnifying her symptoms and neuropsychological testing/MMPI should be considered to assist in determining the level of symptom magnification.”

The defense asked for a neuropsych evaluation and the court granted it over plaintiff’s objection. Plaintiffs were permitted an interlocutory appeal.

Rule 35 examinations may be ordered for good cause shown when physical or mental condition has been put in controvery. The plaintiffs argued that the defendant “failed to affirmatively show that [the subject plaintiff] has put her mental condition in controversy and that [the defendant] has good cause for requesting her to undergo neuropsychological testing.”

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