On November 11, 2009, Court Orders Couri to Submit to a Medical Examination

On November 11, 2009, in the Couri vs. Siebert litigation, the Hon. Michael D. Stallman ordered Couri to sign and deliver medical authorizations within 45 days and to appear for a medical examination in California to determine whether Couri, as he claims, is medically incapable of participating in the defense of the $8 million claim. If history is an indication, Couri will refuse to comply with the court order.

For example, in the George M. Pavia vs. James C. Couri litigation, when medical records were in issue, Couri called his doctors and told them not to supply his medical records to the court, claiming that Couri himself had supplied the medical records. Of course, what Couri turned over to the court was first in Couri's possession and control. Thus, to preserve the integrity of the records, they were required to be sent by Couri's doctors directly to the court's record room. After I presented duly authorized medical authorizations to Couri's doctors, Couri called their offices and told them not to comply. As a sanction for Couri's direct disobedience of a court order, Justice Joan A. Madden prohibited Couri from mentioning his alleged medical illnesses to the jury. (Note: Couri's alleged medical conditions were not relevant to the issues to be determined by the jury.) The reason for producing the medical records was to evaluate Couri's claim that he was not well enough to proceed to trial. Accordingly, in the absence of a legitimate copy of the medical records, the case was scheduled for trial. After 12 days of testimony and Couri's vigorous participation, aided by the attorney for Couri's wife, Couri lost at trial on all counts.

EDITOR'S NOTE: By not allowing his doctors to supply his medical records directly to the court, it appeared Couri placed greater significance on avoiding an alleged administrative inconvenience to his doctors' office staffs than the health risk Couri alleged he might suffer if he participated in the jury trial.

Immediately below is a copy of the November 11, 2009 Order of Judge Michael D. Stallman, J.S.C.