Massenburg v. Hawkins

BY JUDGE W. ALLAN SHARRETT

The issue in this case is whether or not the work product doctrine, as defined in Virginia Supreme Court Rule 4:1(a)(3), precludes the Plaintiff in this personal injury action from obtaining written statements or transcriptions of interviews in the possession of Defendant’s insurance company which were prepared prior to notification that the Plaintiff had retained counsel in the matter.

This suit stems from an automobile accident, which occurred between Plaintiff and Defendant. The police were not called to the scene. The parties dispute the date of the accident;…