ANNE Y. SHIELDS, Magistrate Judge.
This is a products liability action stemming from an injury incurred by Plaintiff, Andrew Davis ("Plaintiff"), while using an allegedly defective Ryobi Model # 651D sander (the "Ryobi Sander"), in which the sander's metal fan assembly broke apart, ejecting fragments at a high rate of speed that struck Plaintiff in the right eye, causing permanent blindness in the eye. Currently before the Court is Plaintiff's motion, pursuant to Federal Rule of Civil Procedure 37(a), to compel Defendant One World Technologies, Inc. ("Defendant" or "One World") to produce a complete copy of its "Claims in Possession Report" regarding other similar instances of consumer accidents or injuries by the Ryobi Sander, including the complete names, addresses, phone numbers and attorney information of such consumers. One World opposes the motion in its entirety. For the following reasons, Plaintiff's motion to compel is granted and One World is directed to produce a complete, unredacted copy of its Claims in Possession Report within ten (10) days of the date of this Order.
On or about August 5, 2016, Plaintiff turned on the power to the Ryobi Sander at issue herein, which he purchased from Defendant Home Depot Inc. ("Home Depot"), and which was distributed by One World, when the fan assembly suddenly broke apart and was ejected from the sander, causing injury to Plaintiff's right eye that resulted in permanent blindness in the eye. (Compl., DE [1], ¶¶ 54-59; Moverman Aff. ¶ 5, DE [32], ¶ 5.) Plaintiff thereafter commenced the within action on December 13, 2016 against Ryobi Technologies, Inc., Techtronic Industries North America, Inc., One World and Home Depot, alleging defects in the design, manufacture and sale of the Ryobi Sander. Defendants answered the Complaint on February 16, 2017. (DE [7].) On May 2, 2017, the parties submitted a joint stipulation of dismissal with respect to Ryobi Technologies, Inc. and Techtronic Industries North America, Inc., and those parties were terminated as defendants by Judge Hurley on May 4, 2017. (De [18]; Electronic Order of Hurle, J., dated May 4, 2017.)
During the course of discovery herein, One World produced to Plaintiff information pertaining to other similar instances of consumer accident or injury while using the Ryobi Sander, but redacted certain items from the compiled list. (Moverman Aff. ¶¶ 8-9.) The list created by One World from their own internal database consists of approximately 220-230 similar reported incidents. (
Plaintiff now moves to compel the production of the complete, unredacted list of other similar incidents compiled by One World. One World opposes the motion on two grounds: (1) the information Plaintiff seeks is neither material nor necessary to the issues before the Court; and (2) divulging the contact information Plaintiff seeks would circumvent the privacy rules set forth by the Consumer Product Safety Commission ("CPSC"), as well as One World's own privacy policy. (Vignali Aff., DE [32-6], ¶¶ 4-5.)
Federal Rule of Civil Procedure 37 provides that "a party may move for an order compelling disclosure or discovery" if "a party fails to produce documents . . . as requested . . . ." Fed. Civ. P. 37(a)(1), (a)(3)(iv). It is well-established that "[m]otions to compel are left to the court's sound discretion."
Under Rule 26(b)(1), "[p]arties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case . . . ." Fed. R. Civ. P. 26(b)(1). Information "is relevant if: `(a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action."
It is well-established that proof of other accidents may be admissible in products liability actions for a variety of reasons. "In an action for injury caused by a defective product, evidence of other accidents involving the same product may be introduced to prove the dangerous or hazardous nature of the product."
As the Second Circuit has held, evidence of other accidents is "unquestionably relevant, if not central to [Plaintiff's] case."
As set forth above, information is discoverable if it is relevant to any party's claims or defenses.
One World argues that disclosing the contact information of other consumers that have had similar incidents involving the Ryobi Sander, as requested by Plaintiff, would violate certain privacy concerns, as regulated by the Consumer Product Safety Commission, as well as One World's own purported privacy policy. The Court rejects both arguments.
Pursuant to Section 25(c) of the Consumer Product Safety Act (the "CPSA"), "any accident or investigation report made under [the Act] by an officer or employee of the Commission shall be made available to the public in a manner which will not identify any injured person or any person treating him, without the consent of the person so identified." 15 U.S.C. § 2074(c). One World attempts to rely on this statutory provision as grounds to withhold the information sought by Plaintiff. However, as the plain language of the statute states, the provision only applies to those reports made pursuant to the CPSA "
Finally, in a last ditch effort to prevent disclosure, One World claims it has its own privacy policy that is the same as that of the CPSC. (Def. Mem. of Law in Opp'n 8, DE [32-10].) According to One World, it "does not routinely disclose the addresses and other contact information of consumers who have contacted it to `complain' about one of its products without good cause — certainly, not simply because some attorney has asked for it." (
Mr. Winchester states in his affidavit that One World will disclose its consumer contact information for "good cause" or in the context of civil litigation, provided there is a court order. (
Based on the foregoing, Plaintiff's motion to compel is granted. Defendant One World Technologies is directed to produce its entire, unredacted Claims In Possession Report to Plaintiff's counsel within ten (10) days of the date of this Order.
For the foregoing reasons, Plaintiff's motion to compel, appearing in this action at Docket Entry #32, is GRANTED in its entirety. Defendant One World Technologies, Inc. is directed to produce its entire, unredacted Claims in Possession Report to Plaintiff's counsel within ten (10) days of the date of this Order.