Question

A customer slipped and fell in a store and was severly injured. As required by state regulation, the store's manager conducted an investigation into the cause of the accident and filed the report with the appropriate state agency. The customer subsequently retained an attorney, who filed a civil action against the store in federal district court. The complaint alleged that the store negligently left a spill on the floor of the store, which caused the customer's fall. The customer's attorney served on the store a request for production of documents, which included a request for all documents and reports prepared by the store that relate to the customer's fall and injury. If the store believes that the report prepared by the store manager is protected from discovery under the work product doctrine and the store wants to withhold disclosure of the report, what should the store do

Answer 1

Answer:

The manager notes are protected by a qualified immunity from discovery under the work product doctrine. The store is not liable to disclose report unless there is substantial need.

Explanation:

The customer has fell in a store because of store negligence not because of store manager's negligence. The court decided a case based on facts. The customer's attorney may ask store to produce reports which serve a base for customer injury. Manager notes are protected and therefore they cannot be disclosed unless the court demands it.