De Gaetano v. Frank A. Clendaniel, Inc.

LEAHY, District Judge.

This is an action for damages arising out of an automobile collision. Defendants served interrogatories on plaintiff. Interrogatory 3 reads:

“Give the names and addresses of persons from whom statements have been procured in regard to the facts alleged in the complaint.”

Plaintiff’s answer was:

“Thomas Goldsberry U. S. M.C. Naval Hospital Philadelphia, Pa.”

Defendants move under F.R. 34 to compel plaintiff to produce this statement of Goldsberry. The motion states this statement is in possession of plaintiff, contains evidence of plaintiff’s negligence, and is not privileged.