Shields v. Burlington Northern & Santa Fe Railway Co.

Richard Sikes, an attorney for Burlington Northern & Santa Fe Railway Company, appeals from an order holding him in contempt for refusing to respond to discovery concerning Burlington’s surveillance of Percy Shields, the plaintiff in this personal injury litigation. We hold that no privilege prevents discovery of any videotape or film of plaintiffs activities taken during such surveillance. We affirm the trial court’s order directing Burlington to produce any such videotapes or films.

BACKGROUND

In his complaint plaintiff alleged that on August 17, 2000, while he worked for Burlington, he…