Industrial Com'n v. Superior Court, Etc.

595 P.2d 166, 122 Ariz. 374, 1979 Ariz. LEXIS 284
CourtArizona Supreme Court
DecidedMay 8, 1979
Docket14203
StatusPublished
Cited by7 cases

This text of 595 P.2d 166 (Industrial Com'n v. Superior Court, Etc.) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Industrial Com'n v. Superior Court, Etc., 595 P.2d 166, 122 Ariz. 374, 1979 Ariz. LEXIS 284 (Ark. 1979).

Opinions

STRUCKMEYER, Vice Chief Justice.

This special action was brought to prohibit the Superior Court of Maricopa County from enforcing its order requiring an in camera inspection of facts and information obtained in an investigation by the Occupational Health and Safety Division of the Industrial Commission. Prayer for relief granted.

On April 11, 1977, Robert Friend, real party in interest, brought a personal injury action in the Superior Court against Tibshraeny Brothers Construction, Inc., alleging that the construction company was grossly negligent in maintaining unsafe working conditions. The Industrial Commission was served with a subpoena duces tecum by Friend’s attorney, requesting among other things all records regarding its investigation of Friend’s accident, the names and addresses of contractors working on the job site on the day of the accident, photographs of the scene of the accident, and statements of witnesses. The Commission moved for a Protective Order. The Superior Court directed that the records of [375]*375the Occupational Health and Safety Division be produced for an in camera inspection by the court. Petitioner asserts that the Superior Court acted- in excess of its jurisdiction because by statute all information developed by the Arizona Occupational Health and Safety Division in its investigation is privileged and is not subject to discovery.

A.R.S. § 23-408D provides:

“Information and facts developed by the commission, the director or any employee of the commission or division in the course of any investigation may be used for the purposes of this article only and shall not be admissible in any court or before any administrative body except pursuant to the provisions of this article.”

Two prohibitions are contained in the statute. First, information and facts developed in the course of any investigation may not be used except for the purposes of the Arizona Safety and Health Act of 1972 (Art. 10 of Title 23, A.R.S. § 23-401 et seq.). Second, such information and facts shall not be admissible in any court or before any administrative body. We consider the latter prohibition first.

In Cornet Stores v. Superior Court in and for County of Yavapai, 108 Ariz. 84, 86, 492 P.2d 1191, 1193 (1972), we held:

“ * * * the rules of discovery are to be broadly and liberally construed to facilitate identifying the issues, promote justice, provide a more efficient and speedy disposition of cases, avoid surprise, and prevent the trial of a lawsuit from becoming a ‘guessing game.’ See Hickman v. Taylor, 329 U.S. 495, 67 S.Ct. 385, 91 L.Ed. 451 (1947); Watts v. Superior Court, 87 Ariz. 1, 347 P.2d 565 (1959), and citations; DiPietruntonio v. Superior Court, 84 Ariz. 291, 327 P.2d 746 (1958).”

Parties may, as a general rule, discover matters not privileged which are relevant to the subject matter involved in a pending action or which are reasonably calculated to lead to the discovery of admissible evidence. Banta v. Superior Court of Maricopa County, 112 Ariz. 544, 545, 544 P.2d 653, 654 (1976). Privileges from discovery lead to the suppression of truth and the defeat of justice. They are therefore to be limited narrowly to their purposes. United States v. Nixon, 418 U.S. 683, 94 S.Ct. 3090, 41 L.Ed.2d 1039 (1974); Assured Investors Life Insurance Co. v. National Union Associates, Inc., 362 So.2d 228 (Ala.1978); Tatkin v. Superior Court for County of Los Angeles, 160 Cal.App.2d 745, 326 P.2d 201 (1958); Larson v. Montpetit, 275 Minn. 394, 147 N.W.2d 580 (1966). Accordingly, statutes creating evidentiary privileges are strictly construed. See St. Regis Paper Co. v. United States, 368 U.S. 208, 82 S.Ct. 289, 7 L.Ed.2d 240 (1961); Kuklis v. Hancock, 428 F.2d 608 (5th Cir. 1870) (applying Florida law); Sullivan v. Superior Court for County of San Mateo, 29 Cal.App.3d 64, 105 Cal.Rptr. 241 (1972); American Insurance Co. v. Formeller, 123 Ill.App.2d 244, 263 N.E.2d 262 (1970); Marchand v. Henry Ford Hospital, 398 Mich. 163, 247 N.W.2d 280 (1976); Larson v. Montpetit, supra; Barry v. Horne, 117 N.H. 693, 377 A.2d 623 (1977); Young v. King, 136 N.J.Super. 127, 344 A.2d 792 (1975); Mebust v. Mayco Manufacturing Co., 8 Wash.App. 359, 506 P.2d 326 (1973); Davison v. St. Paul Fire & Marine Insurance Co., 75 Wis.2d 190, 248 N.W.2d 433 (1977).

Respondents’ position is that although the statute, § 23-408 D, provides that information developed through the Commission’s investigation cannot be used in court, such information is still subject to discovery because it may lead to the disclosure of other relevant admissible evidence. Petitioner replies that its investigative records should be kept confidential in order to effectively carry out the purpose of the Arizona Safety and Health Act of 1972; that is, “to assure so far as possible every working man, woman and child in the state safe and healthful working conditions * * See Ch. 136, § 1, Laws of 1972.

In Mebust v. Mayco Manufacturing Co., supra, as part of its discovery, the defendant in the action obtained an order requiring an employee of the Department of Labor and Industries to attend a hearing at which he was to produce the plaintiff’s in[376]*376dustrial insurance file. The Department of Labor and Industries argued on review that its files were confidential and beyond the reach of discovery, basing its claim on the Washington statute (RCW 51.28.070), which provided: “Information contained in the claim files and records of injured workmen, * * * shall be deemed confidential and shall not be open to public inspection * The Washington Court of Appeals first stated that it did not equate the word “confidential” with “privileged.” In noting the inherent power of the courts to compel discovery, it held that the confidential status afforded industrial insurance claims does not place them beyond the reach of discovery.

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Industrial Com'n v. Superior Court, Etc.
595 P.2d 166 (Arizona Supreme Court, 1979)

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Bluebook (online)
595 P.2d 166, 122 Ariz. 374, 1979 Ariz. LEXIS 284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/industrial-comn-v-superior-court-etc-ariz-1979.