Anderson v. United Air Lines, Inc.

49 F.R.D. 144, 14 Fed. R. Serv. 2d 515, 1969 U.S. Dist. LEXIS 13507
CourtDistrict Court, S.D. New York
DecidedNovember 17, 1969
DocketNo. 65 Civ. 2291
StatusPublished
Cited by21 cases

This text of 49 F.R.D. 144 (Anderson v. United Air Lines, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. United Air Lines, Inc., 49 F.R.D. 144, 14 Fed. R. Serv. 2d 515, 1969 U.S. Dist. LEXIS 13507 (S.D.N.Y. 1969).

Opinion

MEMORANDUM

TENNEY, District judge.

Plaintiffs commenced an action in the New York State Supreme Court, New York County, seeking damages for the wrongful death of their decedents occasioned by the crash in July of'1964 of a United Air Lines flight in Tennessee. The action was removed to this court on July 27, 1965 by petition of defendants. On May 16 of this year, plaintiffs served defendants with interrogatories and requests for admissions pursuant to Fed. R.Civ.P. 33 and 36, respectively.

Defendants object to most of these interrogatories and move herein pursuant to Fed.R.Civ.P. 30(b) and 33 for a protective order vacating those interrogatories they deem objectionable. Defendants also raise objections to certain requests for admissions served upon them by plaintiffs.

Defendants’ objections to plaintiffs’ interrogatories are overruled except that objections to interrogatories numbered 63 through 65 are sustained and, accordingly, those interrogatories need not be answered.

Defendants claim that interrogatories 5(1) and (m) seek to elicit information previously furnished in their responses to plaintiffs’ requests to admit. Defendants have not indicated just where this information is to be found, and a careful review of such responses in fact negates this claim.

Interrogatories 7 and 8 seek information relative to the exact location .of the accident. Defendants object, [147]*147urging that only the deceased crew of the airplane could provide such answers. Additionally, defendants urge that some of the information sought has previously been supplied in the depositions of two United Air Lines captains. The empty allegation that only the deceased crew of the subject aircraft could furnish the information sought is too frivolous to require discussion. Further, no proof has been offered that any of the information sought has. been supplied in previous depositions. It will be noted here that interrogatories 9 through 13, 19(c) and (d), 30 through 32, 39 through 42, 48 through 62, 77 through 86, and 91 through 108 are objected to in part because defendants contend that the information sought has already been furnished either in their answers to the requests for admissions or by oral deposition. This aspect of the objections to the above-numbered interrogatories will be treated simultaneously with the corresponding objections to interrogatories 7 and 8. I find no persuasive authority sustaining objections to interrogatories based upon persistent but unsupported allegations that the information sought has previously been supplied by deposition or by responses to requests to admit. Defendants have not furnished the Court with copies of the depositions allegedly containing the information requested and, in addition, have failed to indicate which answers to the requests for admissions contain the desired information. On a motion to vacate interrogatories on the ground that they have previously been answered by way of deposition or responses to requests to admit, it is not the Court’s function to sift the depositions or responses to determine whether the interrogatories are sufficiently answered therein; rather, the movant is obliged to indicate exactly where in the depositions or responses the answers to the interrogatories may be found. See Kensington Village, Inc. v. Mengel Co., 14 F.R.D. 187, 188 (S.D.N.Y.1953). In addition, movants have failed to make the necessary showing that furnishing the allegedly duplicative information will be burdensome. Stonybrook Tenants Ass’n, Inc. v. Alpert, 29 F.R.D. 165, 167 (D. Conn.1961); 2A Barron & Holtzoff, Federal Practice and Procedure, Rules Ed., § 772 at 361 n. 22.3 (Wright ed. 1961). From the foregoing, I think it obvious that movants have failed to meet the burden of proving the validity of these objections. United States v. Nysco Laboratories, Inc., 26 F.R.D. 159, 161 (E.D.N.Y.1960); 2A Barron & Holtzoff, supra § 775 at 375; 4 J. Moore, Federal Practice ¶ 33.27 at 2414-415 (2d ed. 1968).

Defendants object to interrogatories 12 and 13, and 19(c) and (d), because the information sought is a matter of public record. Additionally, they object to 12 and 13 because they have agreed to stipulate to the accuracy of the public record. It is well established in this district that interrogatories are not objectionable merely because they seek information which is a matter of public record. Blau v. Lamb, 20 F.R.D. 411, 415 (S.D.N.Y.1957); Riordan v. Ferguson, 2 F.R.D. 349, 350 (S.D.N.Y. 1942). Furthermore, research discloses no persuasive authority, and defendants offer none, for sustaining an objection because of an alleged agreement to stipulate as to the accuracy of matter similar to that sought in an interrogatory.

Interrogatory 14 is perfectly proper as it calls for the identity of witnesses to the accident. 2A Barron & Holtzoff, supra § 766 at 305.

Defendants have also objected to interrogatories 50 through 62 and 107 and 108 because they allegedly call for opinions, conclusions, and/or ultimate facts. The objections are without merit as the interrogatories request, inter alia, factual information regarding the activation, malfunctioning or damaged state of the fire warning or extinguishing [148]*148system, the identity and location of certain emergency equipment, the settings of certain controls, the portions of the aircraft which exhibited evidence of electrical arcing and/or exposure to fire, the source of certain sooting and whether it was an aliphatic hydrocarbon, and the chemical composition of the source of the sooting. Moreover, recent cases have held that interrogatories are not objectionable merely because they seek to elicit opinions or conclusions. Meese v. Eaton Mfg. Co., 35 F.R.D. 162, 165 (N.D.Ohio 1964); United Air Lines, Inc. v. United States, 26 F.R.D. 213, 217 (D.Del.1960); see Broadway & Ninety-Sixth St. Realty Co. v. Loew’s Inc., 21 F.R.D. 347 (S.D. N.Y.1958).

Although plaintiffs’ complaint basically alleges negligent use, operation and control of the subject airplane, I do not find interrogatories 79 through 86, pertaining to the construction and manufacture of the airplane, irrelevant despite defendants’ argument to the contrary.

Interrogatories 63 through 65 are properly objected to as it is improper to request the identity of witnesses to be called at trial. Fidelis Fisheries, Ltd. v. Thorden, 12 F.R.D. 179 (S.D.N.Y.1952); 2A Barron & Holtzoff, supra § 766 at 305; see United States v. Renault Inc., 27 F.R.D. 23, 29 (S.D.N.Y. 1969). Interrogatories 66 through 76, seeking to elicit what defendants’ contentions will be at the time of trial, are not objectionable as responses to these questions will help narrow the issues to be tried. 4 J. Moore, supra ¶ 33.17 at 2355; see Meese v. Eaton Mfg. Co., supra, 35 F.R.D. at 165.

Request to admit 15 seeks an admission as to whether a certain transmission from the' subject aircraft was the last one known to have been sent. Defendants object, contending that this calls for an opinion of a third party as to the correctness of a tape and for an admission of an ultimate fact. Defendants further argue that this request is premature since counsel for all parties are scheduled to listen to the tape and stipulate to its accuracy.

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49 F.R.D. 144, 14 Fed. R. Serv. 2d 515, 1969 U.S. Dist. LEXIS 13507, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-united-air-lines-inc-nysd-1969.