The plaintiff in a wrongful dismissal action brought a motion to compel the corporate defendant to produce a specific employee, Salome Larios Ampuller, as its representative for examination for discovery.
The defendant objected, arguing the selected employee was inappropriate due to her subordinate role, lack of involvement in the termination decision, and potential for excessive undertakings.
The court, applying Rule 31.03(2) and relevant case law, found that the plaintiff had a prima facie right to select the representative and that Salome was sufficiently knowledgeable regarding the central issue of the alleged theft.
The court dismissed the defendant's objections, finding the selection was bona fide and not oppressive, and that requiring a different representative would prejudice the plaintiff.
The motion was granted, and costs were awarded to the plaintiff.
