Hawkins v. Norfolk Southern Railway Co.

By Judge W. Allan Sharrett

This matter comes before the Court on Liberty Mutual Insurance Company’s assertion that its adjuster’s log is protected under the work product doctrine. After analysis of the facts and the law, the Court affirms Liberty’s assertion that the adjuster’s log is protected, as it qualifies as work product and is, therefore, not discoverable.

Facts

On May 2, 2003, Robert Hawkins was in a collision involving his vehicle and a train operated by Norfolk Southern Railway Company. (Pl.’s Mem. Supp. of Liberty’s Claim of Privilege, 1, May 16, 2006.) Plaintiff asserts a claim of…