Document eK71Xzknen80GbxZzGnk3a74

02/25/2013 14:38 7704735992 JUDGE ALBERT COLLIER IN THE SUPERIOR COURT OF CLAYTON COUNTY STATE OF GEORGIA CLYDE STANLEY PHILLIPS, individually and in his capacity as Executor ofthe Estate of CHRISTINNA PHILLIPS, Deceased, Plaintiff, vs. GEORGIA-PACIFIC, LLC, ET AL., Defendants ) ) ) ) ) ) ) ) ) CASE NO. 20I2CV00804-5 PAGE 02/04 ORDER ON DEFENDANT HONEYWELL INTERNATIONAL INC'S EMERGENCY MOTION TO LIMIT THE EXAMINATION OF HONEYWELL INTERNATIONAL INC.'S 30(B)(6) WITNESS AND REQUEST FOR HEARING AND ORAL ARGUMENT MOTION FOR RECONSIDERATION The above-styled case having come before the Court on Defendant Honeywell International Inc.'s Emergency Motion To Limit Examination of 30(B)(6) Witness filed February 21,2013. Plaintifffiled a Response in Opposition and, Supplemental Response in Opposition via electronic mail received on February 25, 2013, In said Motion to Limit, Defendant Honeywell seeks to have the Court limit the scope of questions asked by the Plaintiff during depositions of Honeywell's Corporate Representatives, and limit the time allowed for deposition exam ination to seven hours. Defendant Honeywell argues that during a recent deposition, the Plaintiffasked questions regarding workers' compensation claims and plant safety conditions which Honeywell, alleges is not relevant to the instant case and should be prohibited. Defendant Honeywell argues "hat there is a vast distinction between injuries sustained by workers who are constantly exposed to raw asbestos materials and direct fibers from sanding and drilling and the alleged third party exposure injury sustained by the decedent, Mi's. Christinna Phillips, The Plaintiff cites O.C.G.A. 9-11-26 (b)(1) and DeLoittc Haskins & Sells v. Green. 18? Ga.App. 376 (1988), to support his argument that he is entitled to the information concerning 02/25/2013 14:38 7704735932 JUDGE ALBERT COLLIER PAGE 03/04 workers' compensation claims and workplace conditions at the Honeywcl i/Bendix plant to show the incidence ofmesothelioma and other asbestos related diseases. The Plaintiff argues that worker's compensation records and records ofplant conditions are relevant in the instant case to show that Honeywell employees, who handled the manufactured brake pads, allegedly used or handled by the Plaintiff, contracted asbestos related diseases. As in the case of Browning et al. v, Paccar, Inc.,, 214 Ga. App 496 (1994), the Plaintiff argues that the depositions! testimony regarding Honeywell employees who filed asbestos related injury claims and plant environmental safety is needed to rebut Defendant Honeywell's defense of impossibility, LAW As stated in DeLoitte Haskins & Sells v. Green, 187 Ga. App. 376 (1988), Georgia courts have recognized a liberal policy in applying discovery law; however, there are limitations to the scope ofpermissible discovery, "O.C.G.A. 9-11.-26 (b)(1) provides that, as a general proposition, parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action". 14. at 377. The permissible extent of discovery and the use of orders of limitations are generally in the sound and legal discretion of the trial judge. Bridges v. Century Travel, 149 Ga. App. 837 (1979). DECISION Based on the arguments presented by both parties and the applicable laws, the Court hereby GRANTS Defendant Honeywell's Motion to Limit the Examination of Honeywell International, Inc.'s 30(B)(6) Witness. The scope of questioning shall not encompass workers' compensation claims filed by injured Honeywell employees nor testimony regarding tire Honeywell/Bendix plant conditions. The Court finds that these areas of examination, are not relevant to the pending action which involves an alleged third-party exposure injury. 2 02/25/2813 14:38 7704735992 JUDGE ALBERT COLLIER PAGE 04/04 The Court also GRANTS Defendant Honeywell International., Inc's request to limit the Judge, Superior Cow l Clayton Judicial Circuit cc: Mr. Robert C. Buck, Attorney for Plaintiff Mr. Ivan A. Gustafson, Attorney for Defendant Pnuemo Abex & the Pep Boys Mr. Gregory Wheeler, Attorney for Defendant Borg Warner Morse TEC, Inc. Ms. Lee Aim Anand, Attorney for Defendant Georgia-Pacific & Honeywell International, Inc. Mr. Peter R. York, Attorney for Defendant DAP, Inc. Ms. E. Elaine Shofher, Attorney for Defendant Union Carbide Corp. Ms. Lawrie JE. Demorest, Attorney for Defendant Union Carbide Corp. Mr. Andrew Phillips, Attorney for Defendant Ford Motor Company Mr. w. Clay Massey, Attorney for Defendant Genuine Parts Company Mr. Charles TC Reed, Attorney for Defendants Honda North America, Inc. & Yamaha Motor Corp. USA Mr. Michael J. Sullivan, Attorney for Defendant Sears, Roebuck, and Co. Mr. Ollie M. Harton, Attorney for Defendant Volkswagen Group of America, Inc. 3