Seaboard Marine Ltd. v. Clark

Petitioner sought to quash the trial court’s order to compel the production of ninety-one post-accident photographs, alleging that they were protected by the work-product privilege.

The Court granted the petition. Plaintiff Clark could only obtain Petitioner’s work product on a showing of undue hardship. However, Plaintiff failed to depose anyone or obtain any other post-accident photographs on his own. Plaintiff did not do his due diligence in discovering relevant evidence himself and could therefore not show the undue hardship required to obtain Petitioner’s work product.

(Access to the case is confidential so the Briefs are unavailable)

Decision