Gutshall v. New Prime, Inc.

After a trucking accident, Gutshall (plaintiff) sued Tapper and his employer New Prime (defendants), and served an interrogatory asking whether New Prime had conducted surveillance of him, to which New Prime truthfully answered no at the time; New Prime later conducted surveillance without supplementing its response, and when Gutshall discovered this, he moved to compel production and to exclude the evidence for the discovery violation. New Prime argued the footage was intended only for impeachment (exempting it from mandatory disclosure) and was otherwise protected work product.