A shopper brought suit in federal district court against a large retail store for negligence, as a result of the shopper having slipped and fallen in the store. The shopper alleged that the fall was caused by a wet floor. During discovery, the shopper requested production of a store surveillance video that showed her slip and fall. The retail store objected on the ground that the video constituted work product. The video was recorded in the ordinary course of business. The video was preserved, rather than recorded over, in anticipation that the slip and fall might eventuate in litigation. The shopper has moved to compel production of the videotape.
Should the court grant the shopper's motion to compel?

Question

07-07-2021
Law

Answered

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A shopper brought suit in federal district court against a large retail store for negligence, as a result of the shopper having slipped and fallen in the store. The shopper alleged that the fall was caused by a wet floor. During discovery, the shopper requested production of a store surveillance video that showed her slip and fall. The retail store objected on the ground that the video constituted work product. The video was recorded in the ordinary course of business. The video was preserved, rather than recorded over, in anticipation that the slip and fall might eventuate in litigation. The shopper has moved to compel production of the videotape.
Should the court grant the shopper's motion to compel?

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codiepienagoya codiepienagoya · Answer 1 · 2021-07-11T20:05:21-04:00

Answer:

The answer is "True".

Explanation:

Please find the complete question in the attached file.

In this question, the statement is true because the videotape is not a work item.

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