Date Decided: Mar 4th, 2011
Decided By: Pennsylvania Eastern Bankruptcy Court (Federal)
Court: United States District Court for the Eastern District of Pennsylvania
Citation: 2011 WL 780754

Kevin Slaughter ("Slaughter") filed suit against NationalRailroad Passenger Corp. ("Amtrak") pursuant to the Federal Employers'Liability Act ("FELA"), 42 U.S.C. 51for injuries he sustained while working in an engine terminal located inPennsylvania. Amtrak investigated the incident and created an AccidentInvestigation Report ("Report"). Amtrak provided Slaughter with a copy of theReport, but omitted a section entitled "Conclusions and RecommendedRemedial/Corrective Actions" ("the Conclusions Section").

Before the United States District Court for the EasternDistrict of Pennsylvania is Slaughter's Motion to Compel and Amtrak's Motion for ProtectiveOrder. Slaughter seeks to compel Amtrak to disclose a copy of the ConclusionsSection. However, Amtrak contends that this information is privileged andshould be excluded from discovery.