In a products liability case, a federal judge in New Jersey granted defendant Home Depot’s motion for sanctions, but stopped short of dismissing the case, for late production of photographs and videos taken by plaintiff’s counsel at the scene of the underlying incident.

The plaintiff in the case, Peter Reilly, asserted that he suffered catastrophic injuries when he fell from an allegedly defective, 10-foot, A-frame ladder. According to the opinion, shortly before filing the case, plaintiff’s counsel visited the scene and took the photos and videos in question, which were not identified in discovery responses and not included in the material privilege log.