Smith v. Chen

Plaintiff sued Defendants, alleging that he suffered from spinal injuries as a result of Defendants’ medical malpractice. During discovery, Plaintiff requested a recorded surveillance video that Defendants had created of him. Defendants refused to turn over the video, claiming that it was attorney work product that they intended to use only as impeachment evidence. The court of common pleas ordered Defendants to produce the tape. The court of appeals affirmed the trial court’s order, concluding that the discovery order was final and appealable. The Supreme Court vacated the judgment of the court of appeals, holding that Defendants failed to establish that the trial court’s discovery order was a final, appealable order, and therefore, neither this Court nor the court of appeals had jurisdiction to consider the merits of the interlocutory order. View "Smith v. Chen" on Justia Law