Footage from an auto-accident plaintiff’s videotaped interview, left on the cutting room floor by his lawyer, will stay there, a Northumberland County judge has ruled, denying a tortfeasor’s discovery request to collect the unedited video.
Judge Charles H. Saylor said that the footage was protected by attorney-client privilege and should be considered attorney work product. Saylor dismissed defense arguments that the portions of the video were “‘statements concerning the action or its subject matter’” and thus discoverable, and that Pennsylvania’s broad discovery rules allowed the footage to be released.
