A federal judge rejected Walmart’s request in a slip-and-fall case to withhold a security-camera recording of the incident until the plaintiff’s deposition. Walmart wanted to withhold the recording until after the plaintiff’s deposition in order to determine whether her testimony of the incident was consistent with how the incident appears in the recording. The incident occurred at the Walmart store in Millville, New Jersey.
The Court ordered Walmart to produce the video immediately. In rejecting Walmart’s argument, Judge Joel Schneider stated that “the purpose of the court system is to resolve civil disputes in a civil way. Thus, ‘gotcha games’ are not acceptable.” The Court also rejected Walmart’s argument that the recording falls under the work product privilege, nothing that the recording was made in the regular course of the store’s business.
As this case illustrates, defendants in personal injury lawsuits will attempt to play games in order to conceal or delay the production of evidence. Anyone injured in an accident should contact the New Jersey injury lawyers at Mintz & Geftic in order to protect their rights and make sure that all evidence is preserved.