The plaintiff brought a motion for leave to examine a customer relations coordinator of the defendant tour operator under Rule 39.03(1) in advance of a pending summary judgment motion.
The underlying action involves a slip and fall at a resort in Cuba.
The plaintiff sought to examine the witness regarding the corporate relationship between the various defendants.
The court granted the motion, finding the threshold for such an examination is low and the plaintiff established the witness had relevant information that was more than a fishing expedition.