Chiquita International Ltd. v. M/V Bolero Reefer

1994 U.S. Dist. LEXIS 5820 (S.D.N.Y. 1994)

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Nature of the Case

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Facts

This was a maritime action for the loss and damage to cargo. Chiquita (P) contracted International Refer to transport approximately 155,000 boxes of bananas aboard the M/V Bolero Reefer (D) to Germany. Because of malfunctions with the vessel's loading cranes, only about 112,000 boxes were load, and 43,000 were left on the wharf and were thrown away. The cargo that arrived in Germany was delivered in poor condition. Winer was employed by P as a maritime surveyor and examined the vessel when it arrived. After the inspection, P sued D. International Reefer sought the production of Winer's files and to depose him, and P objected under 26(b)(4)(B). D claims that Winer is not an expert but a witness and even if he was an expert discovery is warranted because he was the only surveyor who inspected the vessel shortly after it arrived in Germany.