Please see attached unpublished Trial Court opinion by Judge Kane in Atlantic County in McGhee V. Pathmark Stores, Inc. This is a LAD racial harassment case where four African American plaintiffs claim emotional distress damages as a result of racial harassment (viewing hanging nooses at work). Plaintiffs have not treated with a psychiatrist and we have no psychiatric expert.
On October 12 , 2010, the App. Div. denied defendants' motion for leave to appeal without comment.
Judge Kane’s rationale may apply by analogy to a personal injury or civil rights case. A defendant may not by way of defense contentions place a plaintiff's psychologic condition "in issue" so as to justify a defense psychiatric examination or psychological testing.
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