Civil Procedure Keyed to Cross
Gutshall v. New Prime, Inc.
When, Plaintiff, Gutshall, was driving a tractor-trailer he was stuck by Robert Tapper, who was driving a tractor-trailer owned by New Prime, Inc., at the rear of his trailer. Plaintiff brought suit against Tapper for negligence and seeks to hold New Prime vicariously liable, pursuant to respondeat superior, because Tapper was acting within the scope of his employment when the accident occurred. Plaintiff served an interrogatory requesting information about whether New Prime did any surveillance of Plaintiff and whether there was any evidence to the claim that could be produced. At that moment, New Prime did not conducted any, thus, New Time responded that it had not. Nonetheless, New Prime, later, conducted surveillance. Thereafter, Plaintiff provided notice and motioned to compel discovery responses and exclude the evidence alleging New Prime failed to supplement its responses to the interrogatory. New Prime objected on the grounds that the surveillance was solely to be used for impeachment purposes. Thus, it was not obligated to turn the evidence to Plaintiff. Also, New Prime contends the evidence contained work product protection.
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