Balciunas v. Duff

446 N.E.2d 242, 94 Ill. 2d 176, 68 Ill. Dec. 508, 1983 Ill. LEXIS 292
CourtIllinois Supreme Court
DecidedFebruary 18, 1983
Docket56355
StatusPublished
Cited by83 cases

This text of 446 N.E.2d 242 (Balciunas v. Duff) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Balciunas v. Duff, 446 N.E.2d 242, 94 Ill. 2d 176, 68 Ill. Dec. 508, 1983 Ill. LEXIS 292 (Ill. 1983).

Opinions

JUSTICE UNDERWOOD

delivered the opinion of the court:

This is an original action, in which we allowed Ruthie L. Balciunas (plaintiff) leave to file a complaint for the issuance of a writ of mandamus (87 Ill. 2d R. 381). That complaint seeks to compel Brian B. Duff, a judge of the circuit court of Cook County, to expunge certain pretrial discovery orders entered in the case of Balciunas v. General Motors Corporation (GMC) et al. Plaintiff also seeks to have the matter reassigned to Walter B. Bieschke, also a judge of the circuit court of Cook County, for further hearings.

In the underlying litigation, plaintiff brought an action to recover damages for severe injuries that she sustained in 1978, while she was driving a 1971 Pontiac Firebird involved in a side-impact collision. During the course of discovery, plaintiff filed a notice to produce certain documents, photographs and motion pictures. GMC filed objections thereto, and a hearing was held in February 1981 before Judge Bieschke, one of the two judges then presiding in the motion section, law division, of the circuit court of Cook County. Following the hearing, at which there was apparently some discussion concerning a protective order, Judge Bieschke entered an order which, in relevant part, provided:

“7. Paragraph 7 of Plaintiff’s Notice to Produce is hereby modified to read as follows, and defendant, GENERAL MOTORS shall produce: the complete crash test report (also known as the engineering report) including all photographs and motion pictures for all side impact crash tests from 1960 through April 2, 1978, inclusive for all GENERAL MOTORS CORPORATION Divisions, domestic and foreign, for all passenger automobiles only, including the:
a) Chevrolet, all models;
b) Pontiac, all models;
c) Buick, all models;
d) Cadillac, all models;
e) Oldsmobile, all models;
f) Opel of Germany, all models;
g) Vauxhall of England, all models;

for all versions, including:

a) Prototypes;
b) Developmental version;
c) Experimental version;
d) Production version;
e) Modified version;
f) Special - component version.
* * *
11. Paragraph 11 of Plaintiff’s Notice to Produce is hereby modified to read as follows, and defendant, GENERAL MOTORS, shall produce: any and all materials submitted by GENERAL MOTORS to the National Highway Traffic Safety Administration (NHTSA) and its predecessor National Highway Safety Bureau (NHSB) concerning Federal Motor Vehicle Safety Standard No. 214 (side door strength passenger cars) and all docket submissions relevant thereto, which are not a part of the record available to the public for inspection.
* * *
15. Defendant, GENERAL MOTORS’ request for a ‘protective order’ is hereby denied, without prejudice to GENERAL MOTORS resubmitting its request for a protective order and showing that it is legally entitled thereto.”

In May 1981, GMC filed a written motion for a protective order with accompanying affidavits of two employees, a staff analysis engineer and an engineering manager. GMC asserted that the materials requested in paragraphs 7 and 11 of petitioner’s notice to produce contained trade secrets and proprietary information and sought to limit the persons to whom plaintiff could disclose those materials. GMC also requested that the original crash-test films be viewed at GMC’s offices in Milford, Michigan. Pursuant to that motion, the parties appeared before Judge Bieschke on July 1, 1981, at which time the court heard arguments concerning the merits of the motion for a protective order, its proposed scope and the manner in which production should proceed. At the conclusion of the hearing, Judge Bieschke directed both parties to submit proposed protective orders embodying the suggestions and recommendations of the court concerning its scope.

Three further hearings were held before Judge Bieschke on August 11, September 18 and October 13. At the October 13 hearing, the court ruled that, while it was initially inclined to grant some protection against unlimited disclosure of the materials, after reviewing the proposed drafts submitted and the applicable law, GMC had not met its burden of proving that it was entitled to trade-secret protection. The court indicated that the motion would be denied without prejudice to GMC to demonstrate at a later time that it was entitled to a protective order.

Throughout the various hearings, the parties argued extensively about the breadth of the production request relating to the crash tests and the manner in which the disputed materials would be made available to plaintiff. There were between 500 and 600 side-impact crash tests performed by GMC over the period in question, consisting of approximately 15,000 documents, including diagrams and photographs, and over 500 films. The major dispute concerned production of the films. GMC represented that the original films could not be produced at plaintiff’s counsel's office in Chicago for viewing on projection equipment, rather than GMC’s special equipment located at its offices, without considerable risk of loss or damage. In addition, GMC asserted that removal of the original films from Michigan would seriously disrupt and interfere with ongoing research, development and other activities, and that the cost of reproducing the films would be in excess of $50,000. Plaintiff’s expert witness had indicated that most of the reports would not be relevant to his opinion; however, he believed it necessary to see all of them before he could identify those that were relevant. GMC had suggested, at various times, that it would minimize the burden and expense of reproducing all of the materials, without prejudicing plaintiff, if plaintiff’s expert would initially review an index list to determine which test materials would be relevant. Judge Bieschke eventually entered an order requiring GMC to produce, at the office of plaintiff’s counsel in Chicago, all of the original reports and films requested or, at its option, to provide complete authenticated reproductions, at its expense. All copies of the films were to remain the property of GMC, with plaintiff reserving the right to designate which films she would want to purchase, at her expense.

On December 1, 1981, GMC filed a petition for reconsideration of the court’s rulings. To supplement its original showing, GMC attached a rather lengthy affidavit of another staff analysis engineer which purported to explain in detail the nature of the requested information and the necessity for a protective order.

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Cite This Page — Counsel Stack

Bluebook (online)
446 N.E.2d 242, 94 Ill. 2d 176, 68 Ill. Dec. 508, 1983 Ill. LEXIS 292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/balciunas-v-duff-ill-1983.