Summary Of Document Must Be Provided
In Tiller v. St. Andrew’s College the Plaintiff’s brought a motion compelling the Defendant produce a statement provided by the Defendant companies Chief Engineer and Director of Property Facilities. In this case, the Plaintiff was injured when a rod fell from the ceiling and hit the Plaintiff on the head.
The Chief Engineer was examined at Discovery. Yet the Defendants maintained the statement provided by the Chief Engineer would not be produced nor a summary of its contents since it was deemed privileged.
The Plaintiff’s motion was not seeking production of the actual document. Yet a summary. The Plaintiff’s request was granted.
The motions Judge stated:
The defendant in this case has put in issue safety of the premises, assumption of risk, causation, contributory negligence by the plaintiff, and damages. The plaintiff is entitled to know all of the facts known to the defendant relating to the condition of the premises at the material time, the role of the plaintiff, causation, and whether or not, and to what extent, she suffered damage. The plaintiffs are also entitled to know the names of any persons with relevant knowledge and their addresses. To the extent that there are relevant facts or witness particulars in the statement of the defendant’s Chief Engineer and Director of Property and Facilities at the relevant time relating to these issues, they are discoverable. The statement itself is neither sought nor is it producible, assuming that it is subject to litigation privilege as this motion assumes.
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