Kelly v. Nationwide Mutual Insurance Co.
Ohio Court of Common Pleas, Ashtabula County
188 N.E.2d 445 (Ohio Com. Pleas 1963)
Kelly (plaintiff) sued Nationwide (defendant) to recover for damage to her truck, and Nationwide claimed her policy wasn't in effect at the time of the damage. Nationwide submitted a lengthy list of interrogatories, including one asking whether Kelly was the sole proprietor of the trucking business owning the truck (answered vaguely), one asking where the truck was when damaged (Kelly said she didn't know because someone else was driving), and many others relating to events occurring after the damage occurred, which Kelly answered she didn't know. Nationwide moved to compel more complete answers to all of them.
Whether a plaintiff must reveal to the defendant, in advance of trial, evidence the plaintiff hopes to establish in support of his own case.