The plaintiffs brought a motion seeking a further and better affidavit of documents and various discovery-related remedies in an action arising from injuries allegedly sustained when a wheelchair user drove over concealed stairs in a municipal underpass.
The plaintiffs alleged the municipality failed to conduct adequate searches and failed to produce relevant construction and email records concerning the redesign that replaced a ramp with stairs.
The court found the municipality was technically non‑compliant with documentary disclosure obligations under Rule 30 but held that the plaintiff’s motion was disproportionate and unnecessarily combative.
The court ordered targeted additional searches and an affidavit describing the results but declined to grant broader discovery relief or sanctions.
No costs were awarded and the litigation timetable was reset.
