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DeDivitis v. Int'l Business Machines Corp.

Appellate Division of the Supreme Court of New York, Third Department
Jun 20, 1996
228 A.D.2d 963 (N.Y. App. Div. 1996)

Summary

In De Divitis, this court concluded that, while documents concerning similar injuries were relevant, disclosure would be limited to documents concerning "injuries resulting from the use of the same model keyboard as that allegedly used by plaintiff since plaintiff failed to establish that other keyboard models are sufficiently similar to warrant inclusion" (id., at 964).

Summary of this case from Rozell v. Chi. Pneumatic Tool Co. Inc.

Opinion

June 20, 1996

Appeal from the Supreme Court, Westchester County (Coppola, J.).


Plaintiff, a former employee of New York Telephone Company, worked as a customer service representative from 1990 through the summer of 1992 and, in connection therewith, used a keyboard manufactured, designed, sold and distributed by defendant. After being diagnosed with bilateral carpal tunnel syndrome, plaintiff commenced the instant action against defendant alleging theories in negligence and strict product liability.

In connection therewith, plaintiff served defendant with interrogatories and a notice for discovery, testing, inspection and the production of documents. Therein plaintiff sought, inter alia, workers' compensation claims filed by defendant's employees on or before January 1992 for repetitive motion injuries sustained from the use of the keyboard at issue or similar equipment and any OSHA 200 logs filed by defendant which reported "upper limb musculoskeletal injuries such as bilateral carpal tunnel syndrome that [defendant's] operators have sustained on keyboard work stations". Defendant objected to such demands, contending that the requests were not calculated to lead to the discovery of admissible evidence and that they were overly broad and burdensome. Plaintiff moved to compel defendant to respond to these requests and defendant cross-moved for an order of protection, limiting plaintiff's discovery to the period between 1989 through 1992 and to information relating to the injuries at issue. Supreme Court denied plaintiff's motion and granted defendant's cross motion. Plaintiff now appeals.

An OSHA 200 log is a summary of occupational injuries an employer is required to record and report to the U.S. Department of Labor's Bureau of Labor Statistics.

Working from the precept of full disclosure pursuant to the CPLR ( see, CPLR 3101 [a]) and the liberal interpretation afforded to such statute, disclosure is typically required "of any facts [material and necessary which] bear on the controversy [and] which will assist [in the] preparation for trial by sharpening the issues and reducing delay and prolixity" ( Allen v. Crowell-Collier Publ. Co., 21 N.Y.2d 403, 406). Since the inadmissibility of such evidence is not a pretrial concern ( see, Jonmaire v. Town of W. Seneca, 120 A.D.2d 928; Wiseman v American Motors Sales Corp., 103 A.D.2d 230; Avila Fabrics v. 152 W. 36th St. Corp., 22 A.D.2d 238), we find that plaintiff's request for disclosure of prior similar injuries is relevant. In product liability actions ( see, Matter of Eighth Judicial Dist. Asbestos Litig., 190 A.D.2d 1008; Power v. Crown Equip. Corp., 189 A.D.2d 310) as well as in negligence actions ( see, Hyde v County of Rensselaer, 51 N.Y.2d 927), the issue of notice is relevant.

So long as the scope of such discovery is pared back to the period from the date that the subject keyboard was manufactured through the date that plaintiff last used the keyboard ( see, Cramer v. Kuhns, 192 A.D.2d 893, 894-895; Mestman v. Ariens Co., 135 A.D.2d 516, 517), and is further limited to documents detailing the same or similar injuries alleged by plaintiff, to wit, injuries to the hands and wrists from sustained keyboard use such as carpal tunnel syndrome, they must be produced. Such reports or claims must further stem from injuries resulting from the use of the same model keyboard as that allegedly used by plaintiff since plaintiff failed to establish that other keyboard models are sufficiently similar to warrant inclusion ( see, Latuso v. Black Decker, 198 A.D.2d 844; Williamsville Cent. School Dist. v. Cannon Partnership, 162 A.D.2d 965 ; Mestman v. Ariens Co., supra, at 517; Giordano v. AM Tool Die Co., 104 A.D.2d 1027). In so holding, we note that defendant has failed to establish that the information sought by plaintiff is redundant or irrelevant ( see, Karolisyn-Morris v International Bus. Machs., 1994 WL 87529 [Sup Ct, N.Y. County, Jan. 31, 1994, Crane, J.]).

Accordingly, we modify Supreme Court's order to permit (1) discovery of defendant's workers' compensation records and OSHA 200 logs from the year in which the model keyboard at issue was manufactured through 1992 and (2) discovery of defendant's workers' compensation records and OSHA 200 logs alleging the injuries claimed by plaintiff, to wit, to that of the hands and wrists from sustained keyboard use, such as carpal tunnel syndrome, attributable to the same model keyboard as that used by plaintiff, with all such records appropriately redacted to preserve all rights of privacy.

Mikoll, J.P., Crew III, Yesawich Jr. and Spain, JJ., concur. Ordered that the order is modified, on the law, without costs, by partially granting plaintiff's motion and denying defendant's cross motion in accordance with this Court's decision.


Summaries of

DeDivitis v. Int'l Business Machines Corp.

Appellate Division of the Supreme Court of New York, Third Department
Jun 20, 1996
228 A.D.2d 963 (N.Y. App. Div. 1996)

In De Divitis, this court concluded that, while documents concerning similar injuries were relevant, disclosure would be limited to documents concerning "injuries resulting from the use of the same model keyboard as that allegedly used by plaintiff since plaintiff failed to establish that other keyboard models are sufficiently similar to warrant inclusion" (id., at 964).

Summary of this case from Rozell v. Chi. Pneumatic Tool Co. Inc.
Case details for

DeDivitis v. Int'l Business Machines Corp.

Case Details

Full title:NYMARA DeDIVITIS, Appellant, v. INTERNATIONAL BUSINESS MACHINES…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jun 20, 1996

Citations

228 A.D.2d 963 (N.Y. App. Div. 1996)
644 N.Y.S.2d 594

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