MYER v. NITETRAIN COACH COMPANY INC

Full title: TIMOTHY C. MYER and JOHN E. GRISWOLD, Plaintiffs, v. NITETRAIN COACH…

Court: United States District Court, W.D. Washington, at Seattle

Date published: Mar 2, 2007

Facts

Many of the facts of this case have been recited in a prior order of this Court. (See September 25, 2006 Order (Dkt. No. 22).) Relevant to the instant motion are the following facts. On June 18, 2004, Plaintiffs Tim Myer and John Griswold (“Plaintiffs”) were sleeping in bunks on a touring coach of Defendant Nitetrain Coach Company, Inc. (“Nitetrain”). Plaintiff Griswold was sleeping in a bunk directly above Plaintiff Myer’s bunk. At or near Mt. Vernon, Washington, Plaintiff Griswold’s bunk collapsed onto Plaintiff Myer, injuring both men. This lawsuit was originally filed in King County Superior Court against defendant Nitetrain. Subsequently, Defendant Nashville Coach, Inc. (“Nashville”) was added to the lawsuit, and the matter was removed to this Court. In September 2006, this Court denied Plaintiffs’ motion to remand the case to state court.

The design of the collapsed bunk beds is central to this lawsuit. Critical to the instant motion is the fact that the bunks in which the Plaintiffs were sleeping had been “reconfigured” from a three-bunk vertical arrangement to a two-bunk vertical arrangement before the incident. On February 9, 2006, the plaintiffs deposed Jack Winter, defendant Nitetrain’s Safety Manamanager his deposition, Mr. Winter testified to having made a videotape with Jamie Simmons, Defendant Nashville’s foreman, showing the entire reconfiguration process from a three-bunk-high sleeping station to a two-bunk-high sleeping station in a model coach similar to the one where Plaintiff slept. Mr. Winter had performed the same procedure before the Plaintiffs’ use of the bunks.

Issue

Decision

For the reasons outlined in this Order, Plaintiffs’ Motion to Compel is hereby GRANTED in its entirety. Defendants must produce to Plaintiffs the requested videotape. 

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