McIntyre v. CSX Transportation, Inc.

By JUDGE ROBERT L. HARRIS, SR.

I have reviewed the submissions of both parties regarding plaintiff’s Motion to Compel the defendant to respond to inquiries concerning the existence of surveillance of the plaintiff.

There is merit in the concerns expressed by both parties. Defendant has a legitimate concern that plaintiff may not be truthful at the time of trial regarding his claim of disability and physical limitations. Defendant should be able to impeach plaintiff’s testimony by use of a surveillance tape, if one exists. Likewise, plaintiff has reason to have his chosen expert review the tape…