Quimbee logo
DMCA.com Protection Status
From our private database of 18,800+ case briefs...

Gutshall v. New Prime, Inc.

United States District Court for the Western District of Virginia
196 F.R.D. 43 (W.D. Va. 2000)


Gutshall (plaintiff) was driving a tractor-trailer when he was rear-ended by Robert Tapper (defendant), who was driving a tractor-trailer owned by New Prime, Inc. (New Prime) (defendant). Gutshall sued Tapper for negligence and sought to hold New Prime vicariously liable under the doctrine of respondeat superior, based on the fact that Tapper was acting within the scope of his employment with New Prime when the accident occurred. Gutshall served an interrogatory asking whether New Prime had conducted any surveillance of Gutshall and requesting that any related evidence be produced. New Prime had not conducted any surveillance at that time and responded that it had not. However, New Prime subsequently did engage in surveillance. Gutshall noticed and filed a motion to compel discovery responses and exclude the evidence on the ground that New Prime had failed to supplement its responses to the interrogatory as required by Federal Rule of Civil Procedure (FRCP) 26(e)(1). New Prime objected, asserting that it only intended to use the surveillance evidence for impeachment purposes and therefore was not obligated to turn the evidence over under FRCP 26(a)(3). New Prime further asserted the evidence was protected work product.

Rule of Law


Holding and Reasoning (Michael, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 498,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 498,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,800 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial