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Motion to compel production of records from a prior accident dismissed based on marginal relevance and proportionality.
The defendants brought a motion to compel the plaintiff to answer refusals relating to a prior motor vehicle accident from 2004.
The plaintiff had already produced medical records for four years prior to the subject 2012 accident, which showed the prior injuries had largely resolved.
The court dismissed the motion, finding the requested 2004-2008 records were of marginal relevance and their production would offend the principle of proportionality.
The defendants were ordered to pay costs of $1,500.
