BKS Settlement Highlights the Value of Electronic Discovery and 30 (B)(6) Depositions

Randall J. Nye was able to establish liability on the part of a retailer for injuries caused by a defective product. The key to establishing liability was the combination of requiring production of internal e-mail and taking Trial Rule 30 (B)(6) depositions.

BKS's client was a 25-year-old woman who had purchased what she thought was a vase from Pier 1 Imports. When she first attempted to put water in the product it shattered, causing a laceration to her right arm which resulted in limited use and a permanent scar. Pier 1 defended by claiming that the product was a candle holder rather than a vase, and that the plaintiff had mis-used the product by putting water into it. The product was manufactured in China.

BKS first sought discovery of Pier 1 internal e-mail, which established that the defendant had actual knowledge of a product defect. Specifically, a Pier 1 employee had reported that three of the candle holders had shattered while being delicately handled. Next, by serving Pier 1 with a TR. 30(B)(6) deposition notice, BKS compelled Pier 1 to provide a witness to testify to the investigation of that report, as well as Pier 1's product testing and product inspection practices. Those depositions produced admissions that Pier 1 had failed to conduct any investigation of the incident involving the candle holder. The deposition established that Pier 1 failed to conduct any testing or inspection of the glass product, and failed to present the manufacturer with any product specifications or standards. This evidence of actual knowledge of a defect enabled BKS to settle the case on a favorable basis.

If you have any questions about electronic discovery or TR. 30(B)(6) depositions, contact Randy Nye at 219-933-6200 or rnye@bkslegal.com.