Zaban v. McCombs

WENTWORTH, Judge.

Petitioners seek review by certiorari of an order granting respondent discovery of investigative materials prepared on behalf of a nonparty. We find the order, to the extent that it permits discovery of these materials for lack of substantial equivalence of available testimony, departs from the essential requirements of law.

Respondent’s decedent was killed during employment for National Linen Service, which was not a party to the action. Respondent brought a wrongful death action against the individual petitioners, who are the corporate officers, directors and employees of…