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International Harvester Co. v. Cunningham

The trial court frustrated the purpose of the discovery process when it prevented defendant from having equal access to the allegedly defective product.

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International Harvester Company1 “International” appeals from a jury verdict in favor of George Cunningham on his claim for injuries he received when a crank handle broke off a disc harrow and hit him in the face. On appeal, International contends that the trial court: 1 abused its discretion when it refused to compel Cunningham to produce the crank handle for an expert inspection; 2 erred when it admitted surgical photographs into evidence; and, 3 erred when it denied International’s motion for a mistrial based on Cunningham’s closing arguments. Additionally, International contends the jury’s award was excessive. Because we find the trial court’s denial of International’s requests for the production of the crank handle, the very part Cunningham alleged was defective, was a clear abuse of discretion, we reverse.

1. In its first enumeration of error, International contends the trial court abused its discretion when it refused to compel Cunningham to produce the crank handle for inspection by an expert metallurgist retained by International, and we agree. The record shows that Cunningham’s expert had unlimited access to the crank handle. Yet, International had been given only one opportunity to test the crank handle early in the litigation, prior to the testing by Cunningham’s expert and prior to that expert’s availability for deposition. By preventing the parties from having equal access to the pivotal piece of evidence, the trial court’s denial of International’s request thwarted the very purpose of discovery.

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