The plaintiffs brought a motion to compel answers to questions refused or taken under advisement during the defendant's examination for discovery in a slip and fall action.
The court categorized the questions into three groups.
The court held that the defendant's review of six months of prior records for past issues with the floor mat was sufficient.
However, the court ordered the defendant to answer questions regarding post-incident remedial measures, finding them relevant to the standard of care.
Finally, the court ordered the defendant to provide evidence on why a Claims Management Report was prepared to allow the plaintiffs to assess the defendant's claim of litigation privilege.
