With the U.S. Department of Justice refusing to say whether a criminal investigation is underway over a 2014 food truck explosion, a defendant in the related civil litigation is fighting attempts to be deposed, arguing instead that he should be able to assert the Fifth Amendment privilege against self-incrimination to avoid testifying altogether.

A Philadelphia judge handling the case, however, has ruled that the defendant must attend a deposition and may assert the privilege only on a question-by-question basis. On Monday, the judge issued an opinion, asking the Pennsylvania Superior Court to uphold his ruling.

Philadelphia Court of Common Pleas Judge John Milton Younge ruled in Galdamez v. U-Haul that Miguel Rivera, who was a manager at the U-Haul facility who filled the propane tank that eventually exploded, needed to at least attend the deposition and be asked questions before asserting his Fifth Amendment right against self-incrimination.

“This court's order compelling Mr. Rivera to attend deposition did not in any way restrict his ability to assert his constitutional rights against self-incrimination,” Younge said. “As a matter of fact, the order specifically states that Mr. Rivera is free to assert his rights against self-incrimination to each question asked of him at deposition.”

The ruling comes as federal investigators have allegedly “stonewalled” U-Haul regarding its investigation of the 2014 incident, which left two dead and three severely injured. The trucking company sued the DOJ and the U.S. Department of Transportation in federal court earlier this year, seeking access to the evidence and alleging that the agencies' refusal to turn over the evidence is arbitrary and goes against federal disclosure regulations.

The underlying products liability litigation stems from a food truck explosion that occurred July 1, 2014, in North Philadelphia.

The plaintiffs in those cases sued U-Haul over allegations that it failed to properly inspect a more than 65-year-old propane tank that allegedly caused the explosion. The tank, according to the allegations, was manufactured in 1948, and had never been inspected. The plaintiffs alleged U-Haul was negligent for refilling the tank even though there were no markings showing the tank had been recently recertified for safety.

The two women who died in the explosion were Olga Galdamez, the truck owner, and her daughter, Jaylin Steffany Landaverry Galdamez.

Counsel for Rivera, Michael Engle of Stradley Ronon Stevens & Young, said Rivera's attorneys are reviewing Younge's opinion, and plan to seek a stay in the case pending the Superior Court's review.

“We obviously respectfully disagree with the court's position on this issue, which is why we have sought appellate review on the matter,” he said. “We look forward to our opportunity to present this legal issue to the Pennsylvania Superior Court in the coming months.”

Attorneys representing plaintiffs involved in the case, however, contend that the interplay of the Fifth Amendment and civil proceedings is clear.

“You can't allow witnesses to come in and assert a blanket Fifth Amendment privilege. That allows people to avoid giving any testimony,” Feldman Shepherd Wohlgelernter Tanner Weinstock Dodig attorney Alan Feldman, who is representing Galdamez, said. “Judge Younge was exactly right.”

Robert Mongeluzzi of Saltz Mongeluzzi Barrett & Bendesky, who is representing two of the plaintiffs, said the issue has come up in many cases he has previously handled, including the Salvation Army building collapse case.

“Judge Younge struck the perfect balance in protecting the constitutional right of the potential defendant and allowing the plaintiffs attorneys, who represent devastatingly and catastrophically injured victims, to pose questions,” he said.

“In civil law, rather than criminal law, taking the Fifth can be held against you,” Andrew Duffy of Saltz Mongeluzzi added. “We fully intend to seek an adverse inference in this case.”

Duffy + Partners attorney Kenneth Fulginiti, who is also representing injured plaintiffs, agreed.

“Younge was right on the law, and we're confident we will provail,” Fulginiti said.