Biles v. Exxon Mobil Corp.

Opinion

RUVOLO, J.

I

Introduction

In deciding this appeal we deconstruct a civil discovery “urban legend” 1 — that a responding party has an affirmative duty to supplement responses to interrogatories if and when new information comes into that party’s possession, particularly if the party reserved the right to amend or supplement the earlier responses. Here a defendant sued in an asbestos personal injury case on a premises liability theory moved for summary judgment, contending that the plaintiff could not show he had been exposed to asbestos on the defendant’s premises in a manner for which the…