An investigative report by a third-party agency of an industrial accident is discoverable in a lawsuit against the plant where a worker was killed because the report was not created in anticipation of litigation, the Pennsylvania Superior Court has ruled.

A three-judge panel consisting of Judges John Bender, Anne Lazarus and Correale Stevens affirmed a Philadelphia judge’s granting of plaintiff Tonia Virnelson’s motion to compel the report in her case against Johnson Matthey Inc. and its related entities.

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