The plaintiff brought a motion under Rule 32.01 of the Rules of Civil Procedure seeking an order for a site visit and permission for his expert to inspect, test, and potentially destructively test one of the defendant's windows.
This was necessary for an occupier's liability action where the original shattered window was no longer available, and its nature and condition were central to the litigation.
The defendant did not provide responding materials.
The court granted the motion, finding the inspection necessary for a proper determination of the issue and that any potential prejudice to the defendant (e.g., needing to replace a destroyed window) could be compensated later.
