Terry Duddy and Stephen Koerting Obtain Discovery Order Requiring Defendant to Produce Pre-Trial Witness Statement Taken by Insurance Representative

Maritime attorneys Terry Duddy and Stephen Koerting obtained a Discovery Order in the United States District Court for the District of Maine in an admiralty lawsuit requiring the Defendant employer and boat owner to produce in discovery the recorded statement of a witness taken by a representative for Defendant’s insurer shortly after the injury in question.  The Court determined that the Defendant failed to demonstrate that the insurance company’s efforts to obtain the statement were in anticipation of litigation and trial, as distinguished from the company’s regular business practice. Under the federal rules and federal court case law, the Court ordered the Defendant to produce the statement to the Plaintiff in discovery under the facts of the case.