Appeal from the Order of the Court of Common Pleas of Philadelphia County in the case of Scott M. Shoyer and Jan R. Shoyer v. City of Philadelphia, et al., No. 1324 October Term, 1981.
Gary Stewart Seflin, with him, James R. Ingram, Deputy Attorney General, for appellant.
Eugene A. Spector, with him, Bernard M. Gross, Gross & Sklar, P.C., for appellees.
Bradford H. Charles, Davis, Katz, Buzgon, Davis & Reed, Ltd., for Amicus Curiae, Pennsylvania Trial Lawyers Association.
Judges MacPhail and Barry, and Senior Judge Kalish, sitting as a panel of three. Judges Rogers, Craig, MacPhail, Doyle, Barry, Colins, and Palladino. Opinion by Judge Barry. President Judge Crumlish, Jr., did not participate in this decision. Dissenting Opinion by Judge MacPhail. Judges Rogers and Doyle join.
This interlocutory appeal by permission is from an order of the Court of Common Pleas of Philadelphia granting a request by plaintiffs Scott M. Shoyer and Jan R. Shoyer to compel additional defendant, the Commonwealth of Pennsylvania, Department of Transportation (DOT) to produce certain documents during the discovery phase of this lawsuit.
Scott M. Shoyer was seriously injured in an auto accident on East River Drive, under the Columbia Railway
Bridge, in Philadelphia on December 7, 1980. Plaintiffs filed a trespass action, naming as defendants the City of Philadelphia, the Fairmount Park Commission and the Consolidated Rail Corporation. The city joined DOT as an additional defendant.
During the course of discovery, plaintiffs sought the following from DOT:
1. All accident reports, all Philadelphia Police Department and Commonwealth reports concerning accidents occurring at East River Drive and the Columbia Bridge from 1975 to April, 1982;
2. A description of the Slippery Pavement Program;
3. All PennDot records, correspondence and memoranda concerning accidents on the East River Drive at the Columbia Bridge L.R. 67292, Station 101 ...