Earl v. Gulf & Western Manufacturing Co., 123 Wis. 2d 200

Summary

The Wisconsin Court of Appeals reviewed a nonfinal discovery order in a product liability action arising from an injury involving a punch press. The court held that discovery concerning prior accidents should be limited to presses of the same model as the press involved in the plaintiff's injury, while allowing discovery concerning relevant foreign safety standards and shipments. The court also affirmed denial of a protective order because the defendant failed to show good cause for confidentiality.

Holdings

1. The trial court misused its discretion by ordering discovery concerning all sizes and several types of power presses over a broad period. Gulf & Western may be compelled to answer the interrogatories only with respect to presses of the same model, No. 28½, as the press that injured Steven Earl.
2. Information concerning foreign shipments, foreign safety standards, and safety features on model No. 28½ presses was relevant and, after limiting discovery to that model, was not unduly burdensome.
3. The trial court did not misuse its discretion by denying Gulf & Western's motion for a protective order because Gulf & Western failed to establish good cause.

Questions Presented

1. Whether the trial court misused its discretion by ordering discovery concerning a broad range of power presses rather than limiting discovery to presses sufficiently similar to the model No. 28½ press involved in the accident.
2. Whether discovery concerning foreign shipments and foreign safety standards was relevant and unduly burdensome.
3. Whether Gulf & Western established good cause for a protective order prohibiting the Earls from disclosing discovered information to persons unconnected with the case.

Disposition

other