Adams v. Deaton, Inc.

694 So. 2d 482, 97 La.App. 4 Cir. 0059, 1997 La. App. LEXIS 929, 1997 WL 222534
CourtLouisiana Court of Appeal
DecidedApril 9, 1997
DocketNo. 97-C-0059
StatusPublished
Cited by2 cases

This text of 694 So. 2d 482 (Adams v. Deaton, Inc.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adams v. Deaton, Inc., 694 So. 2d 482, 97 La.App. 4 Cir. 0059, 1997 La. App. LEXIS 929, 1997 WL 222534 (La. Ct. App. 1997).

Opinions

UARMSTRONG, Judge.

We granted certiorari to consider the correctness of the trial court’s judgment on the plaintiffs’ motion to compel answers to interrogatories and production of documents. For the following reasons we now reverse.

These consolidated suits involving approximately 1,500 plaintiffs arise out of collision between a truck and a train on October 22, 1990. The driver of the truck was hauling barrels of a pesticide which spilled, requiring the evacuation of a large number of the surrounding residents. The truck was owned by defendant Deaton, Inc. and was being driven at the time of the accident by John Hill. A breathalyzer test given to Hill by police registered .215 blood level alcohol. Hill was named a defendant as were several others: The Insurance Company of the State of Pennsylvania, Deaton’s insurer; Norfolk and Southern Railroad and its subsidiary, Alabama Great Southern Railroad and New Orleans Terminal Company, owners of the train, tracks and employer of the operator of the train; and the State of Louisiana Through the Department of Transportation and Development.

|2The plaintiffs instituted this action seeking, among other damages, exemplary damages pursuant to La. C.C. art. 2315.4, for injuries allegedly caused by the wanton or reckless disregard for the rights and safety of others by a defendant whose intoxication while operating a motor vehicle was a cause in fact of the injuries. The plaintiffs propounded to Deaton twenty-four interrogatories and requests for production of a number of documents. The plaintiffs were not satisfied with Deaton’s responses and filed a motion to compel. The trial court denied the motion to compel as to three interrogatories, granted in part as to two, and found one to be moot. As to the requests for production of documents, the trial court denied seven, granted one without limitation, and granted two in part. The plaintiffs complain of all the trial court’s limitations and denials.

La. C.C.P. art. 1422 provides that, unless otherwise limited by a court in accordance with discovery provisions, a party may obtain discovery:

[Rjegarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having [486]*486knowledge of any discoverable matter. It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to discovery of admissible evidence.

Generally, the discovery articles, La. C.C.P. arts. 1422-1425, permit discovery “regarding any matter not privileged, which is relevant to the subject matter of the action.” Hodges v. Southern Farm Bureau Casualty Insurance Company, 433 So.2d 125 (La.1983). The Hodges court set forth the basic objectives of the Louisiana discovery process as follows:

[3(1) [T]o afford all parties a fair opportunity to obtain facts pertinent to the litigation, (2) to discover the true facts and compel disclosure of these facts wherever they may be found, (3) to assist litigants in preparing their cases for trial, (4) to narrow and clarify the basic issues between the parties, and (5) to facilitate and expedite the legal process by encouraging settlement or abandonment of less than meritorious claims. The discovery statutes are to be liberally and broadly construed to achieve its intended objectives. (Citations omitted).

As a general rule, a trial court has broad discretion in handling discovery matters. Rullan v. Adobbati, 96-0848 (La.App. 4 Cir. 5/8/96), 674 So.2d 417.

In the instant case, the trial court made a number of discovery rulings as to the motion to compel interrogatories and produce documents. The court found these discovery requests overly broad, burdensome, invasive and “more designed to harass than to produce evidence.”

Interrogatory No. 2: In this interrogatory the plaintiffs sought the name, address, social security number and office address of all officers and directors for the past ten years. Plaintiffs also sought the offices held and dates of tenure. Deaton objected on the grounds that the information was irrelevant and not calculated to lead to discoverable information and was overly broad and burdensome. Plaintiff argued to the court that Deaton’s defense to this accident is that Hill, the truck driver, violated all of its internal rules and regulations and, thus it was necessary to depose these officers and directors to find out what the management policies of Deaton were relative to this issue. Deaton argues that these officers and directors are removed from the day-to-day operations of the business and that Safety Directors and Risk Managers already had been deposed, the Risk Managers up to twenty years prior to the accident. Deaton argued that it was an attempt to harass it. The trial court denied the motion to compel Deaton to answer this interrogatory.

LWe believe this information is relevant— the officers and directors set company policy. The information they possess may assist the plaintiffs, who will surely seek to prove a causal connection between a lax company policy regarding drivers and this accident. We are only talking about officers and directors for the last ten years. Deaton is ordered to answer plaintiffs’ interrogatory number two, with the limitation that the social security numbers of these officers and directors need not be divulged.

Interrogatories No. 11 & 12: The plaintiffs sought the name, address, and social security number of every person employed by Deaton or its parent companies involved in obtaining insurance covering the accident. They also sought the name, address, company and position of every agent, broker or insurance company employee with whom Deaton dealt with to procure the above insurance. Plaintiffs argued to the trial court that they wanted to find out what information was submitted to insurance companies by Deaton in the way of accident records and accident histories. They also want the names of these insurance company employees so they can obtain similar information. Deaton argued that perhaps the plaintiffs ought to depose the insurance company employees. The trial court denied the motion to compel as to both interrogatories.

We believe this information is relevant or could lead to relevant information and is not over burdensome. Plaintiffs simply ask for the names of persons involved with the procuring of the insurance policies covering the accident forming the basis of this action so [487]*487they can depose them. Again, with the exception of the social security numbers of these persons, Deaton is ordered to answer the interrogatories number eleven and twelve.

_[6Interrogatory No. Ik: In this interrogatory, plaintiffs asked whether any claim had ever been made against Deaton for damages resulting from a collision with one of its motor vehicles in which it was alleged that the driver was intoxicated or driving under the influence of alcohol or drugs. Plaintiffs argued before the trial court that this was a very specific request. Deaton argued it was not reasonably connected to the time and place of the accident.

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In Re Succession of Manheim
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Bluebook (online)
694 So. 2d 482, 97 La.App. 4 Cir. 0059, 1997 La. App. LEXIS 929, 1997 WL 222534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-deaton-inc-lactapp-1997.