A three-year-old girl sustained personal injuries while on property owned by defendant Road Runner Sports, Inc. Her parents then filed suit against Road Runner and many others on her behalf. Defendants sought an Order compelling plaintiff, now seven years old, to attend two independent medical examinations without the presence of her parents, or any recording device. Plaintiff then cross-moved to permit either an audio or video recording of the examination and that a third party be present.
The court held that under R. 4:19 this decision lies within the court’s discretion. The court held that the benefits of an unobtrusive video recording by a cell phone or a small video recording device by the child’s parents or counsel far outweighs any prejudice that may befall the defendants. As such, the court denied defendants’ motion and granted plaintiffs cross-motion.