Yoffee v. Golin

45 Pa. D. & C.2d 318, 1968 Pa. Dist. & Cnty. Dec. LEXIS 200
CourtPennsylvania Court of Common Pleas, Dauphin County
DecidedSeptember 24, 1968
Docketequity docket 1962, no. 2538
StatusPublished

This text of 45 Pa. D. & C.2d 318 (Yoffee v. Golin) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Dauphin County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Yoffee v. Golin, 45 Pa. D. & C.2d 318, 1968 Pa. Dist. & Cnty. Dec. LEXIS 200 (Pa. Super. Ct. 1968).

Opinion

Herman, J.,

In this suit in equity which was instituted in May of 1962 and in which there have been preliminary matters presented, considered and disposed of each year since then,1 we now have before us after the pleading stage of the matter has been completed, interrogatories to plaintiffs propounded by defendant Golin under Pennsylvania Rule of Civil Procedure 4005, and plaintiffs’ objections thereto.

At the time of argument on the objections to the interrogatories we were inclined, in the interest of [320]*320getting this old case to trial, to sustain the objections and order the matter immediately heard before the chancellor, but upon careful consideration we conclude that most of the interrogatories should be answered.

The seven plaintiffs, one a partnership and the other six corporations, seek in this suit to enforce an employment contract which defendant Golin allegedly entered into with the partnership prior to the time any of the corporations came into existence; and further, to collect damages from defendants for the alleged breach of the contract. The particular type of insurance business which defendant Golin was hired to organize and manage was student accident and scholastic football insurance, all of which was subsequently transferred by the partnership to the corporations. Defendant Golin denies that he breached any employment contract by terminating his employment and denies that plaintiffs were damaged by his leaving; and further, counterclaims for a share of profits which he avers he was not paid but was entitled to under his employment agreement.

While the amended complaint, inter alia, seeks damages from defendant Golin, no specific amount is claimed nor is there any itemization of any particular damages. Defendant Golin’s preliminary objections asking for more specificity on the question of damages were overruled and consequently he now seeks discovery by way of the interrogatories, to which objection has been taken.

Although there are 50 interrogatories in all, they may be categorized as follows: Fourteen of them 2 are all requests for lists of schools and school districts with which the partnership and the respective corporations contracted to provide football insurance coverage and student accident coverage during the school years of 1959 through 1966.

[321]*321Twenty-one interrogatories3 ask for the gross receipts, net profits, and employes’ compensation of the plaintiff-partnership and the corporations for the years 1959 through 1965.

Seven interrogatories4 seek to determine how the net profits were divided between the partners of the partnership, or the stockholders of the corporations.

Six interrogatories5, against which no objection was made, ask for the names of the stockholders of the corporations if there are any stockholders in addition to Irvin Yoffee and Myron Beitman, and the percentage of stock held by such additional stockholders.

Two interrogatories6 seek copies of Federal income tax returns of each plaintiff for the years 1959 through 1965.

Pennsylvania Rules of Civil Procedure provide, in pertinent part, as follows:

Rule 4005:

“(a) Subject to the limitations provided by Rule 4011, any party may file and serve upon any adverse party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or similar entity or a partnership or association, by any officer or agent, who shall furnish such information as is available to the party. . . .
“(c) Interrogatories may relate to any matters which can be inquired into under Rule 4007. . . .”

Rule 4007:

“(a) . . . Subject to the limitations provided by Rule 4011, the deponent may also be examined regarding any matter, not privileged, which is relevant to the [322]*322subject matter involved in the action and will substantially aid in the preparation of the pleadings or the preparation or trial of the case.” (Italics supplied.)

Rule 4011:

“No discovery or inspection shall be permitted which
(a) is sought in bad faith;
(b) causes unreasonable annoyance, embarrassment, expense or oppression to the deponent or any person or party....”

While discovery under these rules is more restricted than under the Federal procedure and it has been repeatedly said that “ ‘fishing expeditions’ are not to be countenanced under the guise of discovery”: Thompson Will, 416 Pa. 249, 261 (1965); nevertheless, it is equally true that requests for discovery must be considered with liberality, and wide discovery permitted: Goodrich-Amram §4005-4, and cases there cited.

Of course the matter inquired into must be relevant, but if there is any possible basis for relevancy, discovery should be allowed (Goodrich-Amram §4007 (a)-18) if, of course, it also substantially aids the inquirer in the preparation of the pleadings or in the preparation or trial of the case.

President Judge Kreider stated the position of this court in Cloder v. Horvath, 27 D. & C. 2d 180 (1962), when he pointed out the liberal manner in which, after the 1954 amendments to the rules, discovery should be treated. He said, “It seems that the weight of authority in Pennsylvania now supports the view that when the standards of relevance and substantial aid are met no objection to discovery can be made on the ground that the moving party is seeking a script for trial”, (p. 187)

We conclude that the names of schools and school districts with which plaintiifs contracted to provide football insurance coverage and student accident coverage during the years in question is a relevant [323]*323matter here and the disclosure to defendant Golin will substantially aid him in the preparation for trial.

We likewise conclude that knowledge of the gross receipts, net profits and employes’ compensation of the plaintiff-partnership and corporations for the years in question is a relevant matter which will substantially aid Golin in preparation for trial.

We reach these conclusions because plaintiffs, in addition to injunctive relief, are seeking damages from defendant Golin, and Golin, in turn, is asking for compensation which he avers he earned but for which he was not paid. It seems obvious to us therefore that these matters are proper subject of discovery here.

The production of this information now could hardly be burdensome to plaintiffs because they would have to produce it at the time of trial in any event if they hoped to prevail. Plaintiffs cannot complain that the production of this information would be divulging trade secrets or confidential information for the same reason and, additionally, they aver that Golin already has much of this knowledge from his prior employment with plaintiffs.

The production of this information now will certainly reduce the time of trial and tend to make the proceedings more orderly before the chancellor.

Plaintiffs object to answering certain of the interrogatories on the grounds that they are not sought in good faith but for harassment purposes only.

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Related

Thompson Will
206 A.2d 21 (Supreme Court of Pennsylvania, 1965)

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Bluebook (online)
45 Pa. D. & C.2d 318, 1968 Pa. Dist. & Cnty. Dec. LEXIS 200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yoffee-v-golin-pactcompldauphi-1968.