Osborne v. Sears, Roebuck & Co.

41 Pa. D. & C.3d 64, 1985 Pa. Dist. & Cnty. Dec. LEXIS 69
CourtPennsylvania Court of Common Pleas, Alleghany County
DecidedMay 16, 1985
Docketno. G.D. 83-08867
StatusPublished

This text of 41 Pa. D. & C.3d 64 (Osborne v. Sears, Roebuck & Co.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Alleghany County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Osborne v. Sears, Roebuck & Co., 41 Pa. D. & C.3d 64, 1985 Pa. Dist. & Cnty. Dec. LEXIS 69 (Pa. Super. Ct. 1985).

Opinion

WETTICK, A.J

This is a product-liability action in which plaintiff alleges that he was injured while using a radial-arm saw manufactured by Emerson Electric Company (Emerson) and sold by Sears, Roebuck and Company (Sears). Defendants allege that the injury was caused by plaintiff’s misuse of the saw.

Defendants have scheduled plaintiff’s deposition at the site of the accident. At the deposition they will [65]*65ask plaintiff to reenact the accident. Defendants intend to film the reenactment and will give copies of the film to plaintiff. Plaintiff has stated that he will not reenact the accident in defendants’ presence unless ordered to do so by the court.

Presently before this court is defendants’ motion to compel plaintiff to reenact the accident. Defendants contend that this is an appropriate discovery request because an oral description of the circumstances of the accident is far more vague than a reenactment of the incident. Defendants state that an order requiring plaintiff to demonstrate his operation of the saw would (1) narrow the issues regarding plaintiff’s operation of the saw, (2) prevent undue surprise to defendants should plaintiff attempt to demonstrate his operation of the saw in court,

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Related

Dow Chemical Co. v. Monsanto Co.
256 F. Supp. 315 (S.D. Ohio, 1966)

Cite This Page — Counsel Stack

Bluebook (online)
41 Pa. D. & C.3d 64, 1985 Pa. Dist. & Cnty. Dec. LEXIS 69, Counsel Stack Legal Research, https://law.counselstack.com/opinion/osborne-v-sears-roebuck-co-pactcomplallegh-1985.