Sacramona v. Bridgestone/Firestone, Inc.

152 F.R.D. 428 (D. Mass. 1993)

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Nature of the Case

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Facts

While P was mounting a tire on a rim P allegedly sustained serious and permanent injuries from an explosion resulting from the mismatching of the tire, manufactured by D, on the rim, manufactured by Budd (D). P seeks damages from Ds future lost wages, medical expenses, and disability. Ds contend that since P makes claims for future damages, P placed his life expectancy in issue. Ds learned that P was a former drug abuser. P admits to being bisexual and engaging in unprotected homosexual activity. P has never taken a blood test to determine his HIV status. Ds learned that P was a former drug abuser. P admits to being bisexual and engaging in unprotected homosexual activity. P has never taken a blood test to determine his HIV status. Ds filed a motion to compel a blood test from P. Ds argue that P placed his life expectancy in issue and it would not be prejudicial or burdensome to require P to take a blood test for HIV. P refused to submit voluntarily to a blood test citing his statutory and constitutional right to privacy claiming such a test will cause him to suffer unjust oppression, embarrassment, and annoyance. If P does not take the test, Ds want to preclude P from introducing evidence at trial of his life expectancy or future damages.