The defendants brought a motion seeking to dismiss the plaintiff's action or, alternatively, to compel the plaintiff to answer discovery questions and produce transcripts from examinations for discovery in three prior motor vehicle accident actions.
The plaintiff had sustained injuries in previous accidents, and the defendants argued that the prior discovery transcripts were necessary to assess the overlap of injuries with the current action.
The court found that the interests of justice outweighed any prejudice, compelling the production of the prior transcripts under Rule 30.1.01(8) of the Rules of Civil Procedure.
The motion to dismiss the action was denied due to a lack of submissions on that specific point.
