Tobacco Road, Inc. v. Callaghan

Banke, Chief Judge.

The appellant brings this interlocutory appeal from an order requiring the production of statements obtained from certain witnesses by an investigator in his employ. The trial court determined that the statements had been obtained in anticipation of litigation within the meaning of OCGA § 9-11-26. However, in reliance upon this court’s decision in Clarkson Indus. v. Price, 135 Ga. App. 787 (218 SE2d 921) (1975), the court ruled that the statements were discoverable without a showing of substantial need and undue hardship in obtaining the equivalent materials, because of the…