P sues D for products liability arising from an accident involving brakes designed and manufactured by D.
- Error in Interrogatory. P asks D in interrogatory whether D has ever received any complaints regarding the alleged brake defect at issue. D responds in good faith saying “no.” Later on, D finds a document showing a complaint from a customer regarding the brakes. Must D fess up and supplement the interrogatory?
- Error fixed in deposition? What if the defendant does not supplement the interrogatory, but discusses the customer complaint during a 30(b)(6) deposition?
- Error in deposition. Suppose during the deposition, D was asked many complaints it received, D says in good faith “one.” Later, D realizes the answer should have been 20. Must D supplement its deposition?
- Error in expert deposition. What if an expert makes a misstatement during a deposition? Must the deposition be supplemented?
Posted Feb. 24, 2016