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57. Is the court likely to grant the shopper's motion to compel?
After having slipped and fallen in the store, a shopper brought suit against a large retail store for negligence in federal district court. The shopper alleged that the fall was caused by a wet floor. During discovery, the shopper requested the production of a store surveillance video that showed her slip and fall. The retail store objected on the ground that the video constituted work product. The video was recorded in the ordinary course of business. The video was preserved, rather than recorded over, in anticipation that the slip and fall might eventuate in litigation. The shopper has moved to compel production of the videotape.
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B is incorrect. The shopper does not need to make a special showing here because the video is not work product.
C incorrect. First, the tape is not work product as it was not prepared in anticipation of litigation or in preparation for trial, only kept. Additionally, the work product immunity is not absolute; it can be overcome with a specific showing.
D is incorrect. If material is work product, its production may not be compelled on a simple showing that it is relevant to a claim or defense and reasonably calculated to lead to the discovery of admissible evidence.