Runions v. Norfolk & Western Railway Co.

By Judge Clifford R. Weckstein

This dispute about pretrial discovery arises in a suit for personal injuries brought by Avery Runions against his employer, the Norfolk and Western Railway Company (NW), under the provisions of the Federal Employers’ Liability Act (FELA), 45 U.S.C. § 51 et seq. The defendant, having admitted that it conducted video surveillance of Runions,1 objects to his requests for disclosure of the contents of the surveillance tapes, films, or photographs.

*342Counsel have ably and diligently briefed the issue, furnishing well-reasoned opinions of Virginia circuit judges and of…