Fender v. Norfolk Southern Ry. Co.

By Judge Marc Jacobson

Plaintiff Timothy C. Fender, by counsel, seeks production and/or identification of surveillance materials, presumably videotapes, relating to fire Plaintiffs activities. Defendant Norfolk Southern Railway Company, by counsel, objects to the production of such surveillance materials.

Rule 4:l(bX3) of the Rules of Virginia Supreme Court reads as follows:

Trial Preparation: Materials. Subject to the provisions of subdivision (bX4) of this Rule, a party may obtain discovery of documents and tangible things otherwise discoverable under subdivision (bXl) of this Rule and…