Civil Procedure Keyed to Yeazell
Chiquita International Ltd. v. M/V Bolero Reefer
Plaintiff sued Defendant for cargo loss and damage onboard the M/V Bolero Reefer, owned by Defendant. Plaintiff alleged that Defendant was engaged to transport bananas from Ecuador to Germany. Due to alleged malfunctions of the vessel’s loading cranes, 43,000 boxes of bananas due to be shipped, were left on the wharf. Defendant submitted a letter in support of an application to compel discovery of Winer, a marine surveyor who examined the vessel and loading gear at Plaintiff’s request shortly after the vessel arrived in Germany. Defendant sought Winer’s deposition and production of the file he assembled in connection with his inspection. Plaintiff objected to those demands on the grounds that Winer was a non-testifying expert, as to whom discovery is closely circumscribed by Federal Rule of Civil Procedure Rule 26(b)(4)(B). Defendant replied that Winer is a fact witness rather than an expert.
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