Nature of the Case
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Facts
D, 76-years old, lost control of the Oldsmobile she was driving, the car jumped the sidewalk curb, hurtled into the park, and injured at least a dozen people. Ps under twelve separate actions, now consolidated, commenced suits seeking damages against D as owner and operator of the vehicle, and GM as its manufacturer. At two depositions conducted of D by GM, the latter's attorneys sought to elicit details of all of her discussions with her own lawyers. The court agreed, D's daughter, Diana, was present during those conversations, the statutory attorney-client privilege which would normally protect those communications from compulsory disclosure (CPLR 4503 [a]) did not attach. GM argued and the court agreed that the daughter's presence negated the vital element of confidentiality necessary to invoke the privilege. D appealed.
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