The Pennsylvania Superior Court has ruled that photographs taken by the defendant in a wrongful death action of a site where a man died are not considered communications for attorney-client privilege purposes and can be produced for litigation.

A three-judge Superior Court panel consisting of Judges Jacqueline Shogan, Maria McLaughlin and John Musmanno upheld an Allegheny County order to compel the photographs in plaintiff Frances Colton’s case. The panel agreed with the court’s determination that the photos, taken by agents of the law firm representing defendant West Penn Power Co., were not protected by attorney-client privilege.