Andrews v. Regional Transit Service

— Judgment unanimously reversed, on the law and facts, with costs, and a new trial granted. Memorandum: In this negligence action, plaintiff seeks to recover damages for injuries sustained on April 13, 1977 as a result of being thrown to the floor of a bus owned and operated by defendant, Regional Transit Service, when the bus driver suddenly applied the brakes in order to avoid a collision with another vehicle. Prior to trial, plaintiff’s attorney served a subpoena duces tecum upon defendant seeking the production of “all accident reports, records, files and statements pertaining to the * *…