2:16-cv-06882
E.D.N.YOct 9, 2018Background
- Plaintiff Andrew Davis was injured and permanently blinded in his right eye when a metal fan assembly on a Ryobi Model 651D sander allegedly fractured and ejected fragments.
- The sander was distributed by One World Technologies and purchased from Home Depot.
- One World produced a compiled internal “Claims in Possession Report” listing ~220–230 similar reported incidents but redacted consumers’ first names, full addresses, phone numbers, and attorneys.
- Davis moved to compel production of the unredacted report under Fed. R. Civ. P. 37; One World refused based on privacy concerns and alleged CPSC and company privacy restrictions.
- One World conceded the list was compiled internally (by its Product Safety Manager) rather than prepared by the CPSC.
- Magistrate Judge Shields granted the motion, ordering One World to produce the complete, unredacted report within ten days.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether One World must produce its unredacted internal Claims in Possession Report | The report is relevant and central to causation, notice, and product-danger proof; plaintiff seeks contact info to investigate and corroborate prior incidents | Production would violate consumer privacy and the CPSC confidentiality rule and One World’s asserted privacy policy | Granted: report is discoverable; CPSC statute inapplicable because report was compiled internally; company policy does not bar discovery |
Key Cases Cited
- Stagl v. Delta Airlines, 52 F.3d 463 (2d Cir. 1995) (evidence of other accidents is highly relevant and may be central to proving risk and causation; supports compelled production of similar-incident reports)
- Hollander v. American Cyanamid Co., 895 F.2d 80 (2d Cir. 1990) (prior-accident evidence may be admissible to establish dangerousness and notice)
