Court Rules that Party Cannot Be Compelled To Produce That Which They Do Not Possess

In the case of Fost v. Kennedy, No. 5:21-CV-03262-JMG (E.D. Pa. July 11, 2022 Gallagher, J.), the court addressed various discovery issues in response to a Motion to Compel filed in a trucking accident case.

In its decision, the court ruled that a Plaintiff is entitled to timely answers to its punitive damages discovery.

However, the court also noted that a Defendant cannot be compelled to produce documents that do not exist.

The court otherwise found that the Plaintiff’s demand for hundreds of hours of videotape of the employee’s truck driving was denied as being disproportionate.

The court additionally found the Plaintiff’s request for the production of information regarding similar incidents for years predating the hiring of the employee that the Plaintiff’s claims were negligently hired was also disproportionate.

Anyone wishing to review a copy of this decision may click this LINK.  The Court's companion Order can be viewed HERE.


I send thanks to Attorney James M. Beck of the Philadelphia office of the Reed Smith law firm for bringing this case to my attention.