Contemporary Business and Online Commerce Law 7th Edition by Henry R Cheeseman

Exercise 4

Physical Examination Robert Schlagenhauf worked as a bus driver for the Greyhound Corporation. One night, the bus he was driving rear-ended a tractor-trailer. Seven passengers on the bus were injured and sued Schlagenhauf and Greyhound Corporation for damages. The complaint alleged that Greyhound was negligent for allowing Schlagenhauf to drive a bus when it knew that his eyes and vision “were impaired and deficient.” The plaintiffs petitioned the court to order Schlagenhauf to be medically examined concerning these allegations. Schlagenhauf objected to the examination. Who wins? Schlagenhauf v. Holder, 379 U.S. 104, 85 S.Ct. 234, 13 L.Ed.2d 152, Web 1964 U.S. Lexis 152 (Supreme Court of the United States)

Step 1 of 3

Facts of the Case

• RS was working as a bus driver with G Corporation.

• RS’s bus met with an accident with a tractor-trailer.

• RS and G were sued for damages by seven passengers who got injured in the accident.

• They contended that Greyhound was negligent for allowing RS to drive a bus when it knew that his eyes and vision were impaired and deficient.

• The plaintiffs contended in the court that RS to be medically examined in order to combat these allegations.

• RS was not ready to this examination.