CHIQUITA INTERNATIONAL LTD. V. M/V BOLERO REEFER
1994 U.S. Dist. LEXIS 5820 (S.D.N.Y. 1994)
NATURE OF THE CASE: This was a dispute about the application and classification of the
status of a witness under Rule 26(b)(4)(B).
FACTS: This was a maritime action for the loss and damage to cargo. Chiquita (P)
contracted International Refer to transport approximately 155,000 boxes of bananas aboard
the M/V Bolero Reefer (D) to Germany. Because of malfunctions with the vessel's loading
cranes only about 112,000 boxes were load and 43,000 were left on the wharf and were thrown
away. The cargo that arrived in Germany was delivered in poor condition. Winer was employed
by P as a maritime surveyor and examined the vessel when it arrived. After the inspection, P
sued D. International Reefer sought the production of Winer's files and to depose him and P
objected under 26(b)(4)(B). D claims that Winer is not an expert but a witness and even if
he was an expert discovery is warranted because he was the only surveyor who inspected the
vessel shortly after it arrived in Germany.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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