The plaintiffs brought a motion to compel representatives of the Yamaha defendants to re-attend examinations for discovery to answer questions regarding their investigation of a boating accident.
The defendants had refused the questions, asserting litigation and solicitor-client privilege.
The court found that the dominant purpose of the defendants' investigation was in anticipation of litigation, which was reasonably anticipated shortly after the accident.
The motion was dismissed, and the plaintiffs were ordered to pay costs of $7,500.
