Pasteris v. Robillard

121 F.R.D. 18 (1988)

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Nature of the Case

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Facts

P allegedly fell down a flight of stairs at D's home. P informed D’s insurance company of her alleged fall and made a demand for payment under the insurance policy. P and D made statements to D’s' insurance company. The insurance company sent a Medical Payments Receipt and Release for one thousand dollars ($ 1,000) to P. Ps represent that they first contacted their attorney on October 29, 1986. Counsel was not officially retained by Ps until November 4, 1986. On November 13, 1986, a letter was sent by Ps' counsel to D’s insurance company to initiate a claim. On October 6, 1987, Ps' counsel received a letter from D’s counsel, which was written on behalf of the D’s insurance company. On January 15, 1988, Ps filed a complaint against the D alleging negligence. Ds indicate that they are willing to produce the statement made by P to D’s insurance company, but Ds object to the production of the transcribed statement of D which was made to Ds' insurer on August 4, 1986. Ds claim the statement is protected by the attorney-client and work-product privileges.