Coleman v. Reed et al

Filing 72

ORDER granting 67 third-party defendant Universal Specialized, Inc.'s Motion to Compel Production of Documents and Interrogatory Responses of Defendant Sunwest Mud Company, Inc. (as more fully set out). Signed by Honorable Vicki Miles-LaGrange on 4/12/2017. (ks)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
STEVEN M. COLEMAN,
Plaintiff,
and
CHEROKEE INSURANCE COMPANY,
as subrogee of Freestates Trucking, LLC,
Intervenor Plaintiff,
vs.
DONALD WILLIAM REED, and
SUNWEST MUD COMPANY, INC.,
Defendants.
AND
DONALD WILLIAM REED,
Third-Party Plaintiff,
vs.
STEVEN M. COLEMAN,
Counter-Defendant,
and
UNIVERSAL SPECIALIZED, INC.,
d/b/a ECONOMY TRANSPORT, INC.,
Third-Party Defendant.

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Case No. CIV-15-1014-M

ORDER
Before the Court is third-party defendant Universal Specialized, Inc.’s (“Universal”)
Motion to Compel Production of Documents and Interrogatory Responses of Defendant Sunwest
Mud Company, Inc., filed January 4, 2017. On January 25, 2017, defendant Sunwest Mud
Company, Inc. (“Sunwest”) filed its response, and on February 1, 2017, Universal filed its reply.
Based upon the parties’ submissions, the Court makes its determination.
This case arises out of a motor vehicle accident that occurred on September 20, 2014,
involving two tractor-trailers. At the time of the incident, defendant/counter-plaintiff/third-party
plaintiff Donald Reed (“Reed”) was acting in the course of his employment with Sunwest, and
plaintiff/counter-defendant Steven Coleman was an independent contractor driving for Universal.
Universal has requested Sunwest to provide documents and information relating to Sunwest’s
investigation of the subject accident and to produce Reed’s personnel file. Sunwest has objected
to providing said information and documents.
A.

Sunwest’s Accident Investigation and Related Reports and Documents
Sunwest conducted an investigation into the subject incident and prepared an incident

report two days after the accident. Sunwest asserts that its investigation and incident report are
privileged pursuant to 49 U.S.C. § 504(f). Section 504(f) provides:
No part of a report of an accident occurring in operations of a motor
carrier, motor carrier of migrant workers, or motor private carrier
and required by the Secretary, and no part of a report of an
investigation of the accident made by the Secretary, may be
admitted into evidence or used in a civil action for damages related
to a matter mentioned in the report or investigation.
49 U.S.C. § 504(f).
The incident report and investigation at issue were not made by the Secretary. Further,
Sunwest does not contend that the incident report was required by the Secretary; Sunwest merely
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asserts that motor carriers must make all records and information pertaining to an accident
available to a representative of the Federal Motor Carrier Safety Administration. The Court finds
that a requirement that records and information be made available is not the same as a report being
required by the Secretary. Accordingly, the Court finds that Sunwest has not demonstrated that
the statutory privilege set forth in § 504(f) covers the investigation conducted by Sunwest or the
incident report that Sunwest prepared. The Court, therefore, finds that Sunwest should be
compelled to produce information and documents relating to Sunwest’s investigation of the subject
accident.
B.

Reed’s Personnel File
Universal seeks the production of the following:
True, correct, and complete copies of Reed’s Driver Personnel File
and any other files maintained by you relating to Reed, along with
any documents contained therein, including:
(a)
Owner/operator, employment, or other types of
contracts, agreements, payroll or money advanced records,
attendance records, computer generated documents and any other
summary type document regardless of subject, description or form
relative to Reed or the services performed by Reed;
(b)
Records pertaining to all determinations as to
whether this and any other accidents involving Reed were avoidable
or preventable; and
(c)
Hiring, suspension, termination, warning notices,
complaints, letters, memorandums and any other similar type
documents relative to Reed.

Request for Production No. 13, attached as Exhibit 5 to Universal’s Motion to Compel Production
of Documents and Interrogatory Responses of Defendant Sunwest Mud Company, Inc. at 6.
Universal asserts that Reed’s disciplinary history, records of absences, records of injuries,
records of accidents, and other information usually maintained in a personnel file are relevant in
this litigation. Universal also asserts that Reed’s personnel file likely includes documents related
to the subject incident and determinations made by Sunwest relating to whether the incident was
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preventable or whether Reed caused or contributed to the accident. Universal asserts that these
records are relevant not only to the subject incident, but also to the question of whether Reed was
a safe and qualified driver, and that Reed’s attendance records and disciplinary records are also
relevant to his lost wage claim. Sunwest contends that Universal’s request for Reed’s personnel
file is overly broad and seeks discovery of information that is not relevant to any party’s claim or
defense. Having carefully reviewed the parties’ submissions, the Court finds that Universal’s
request is not overly broad and seeks information that is relevant to multiple parties’ claims and
defenses. Accordingly, the Court finds that Sunwest should be compelled to produce Reed’s
personnel file.
C.

Conclusion
For the reasons set forth above, the Court GRANTS Universal’s Motion to Compel

Production of Documents and Interrogatory Responses of Defendant Sunwest Mud Company, Inc.
[docket no. 67] and ORDERS Sunwest to produce to Universal documents and information
relating to Sunwest’s investigation of the subject accident and Reed’s personnel file. Said
documents and information shall be produced within twenty (20) days of the date of this Order.
IT IS SO ORDERED this 12th day of April, 2017.

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