Chiquita International v. M/V Bolero Reefer
United States District Court for the Southern District of New York
1994 WL 641742 (S.D.N.Y. 1994)
After a banana shipment was allegedly lost due to malfunctioning ship cranes, Chiquita (plaintiff) hired marine surveyor Winer to examine the vessel and loading gear, then sued International Reefer Services (defendant) for the loss; International sought to depose Winer, and Chiquita objected on the ground that Winer was a non-testifying, specially retained expert protected from discovery.
Whether an opposing party may discover the facts known or opinions held by a non-testifying expert specially retained by another party to investigate matters in anticipation of litigation, absent exceptional circumstances making it impracticable to obtain comparable information by other means.