The plaintiff filed a lawsuit against the defendant for manufacturing defective pajamas that caused severe burns to a minor. The plaintiff requested documents from the defendant on similar complaints, but the defendant did not comply. The court entered a default judgment against the defendant and denied their motion to remove it. The defendant claimed they could not find the requested documents due to an inadequate filing system.
The most relevant facts to the court's analysis are:
- The plaintiff's injury occurred in Michigan, and Michigan law governs the discoverability of prior similar accidents.
- The Michigan Supreme Court allows evidence of prior accidents involving the same product under similar circumstances.
- The defendant has a duty to produce records of similar suits under Rule 34, Fed.R.Civ.P.
- The defendant failed to comply with the court's order to produce the relevant documents.
Kozlowski v. Sears, Roebuck & Co. (1976)
United States District Court for the District of Massachusetts
73 F.R.D. 73
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