Holladay v. Royal Caribbean Cruises, Ltd.

333 F.R.D. 588 (2019)

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Holladay v. Royal Caribbean Cruises, Ltd.

United States District Court for the Southern District of Florida
333 F.R.D. 588 (2019)

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Facts

Casey Holladay (plaintiff) was injured while using the Sky Pad, a jumping attraction aboard a Royal Caribbean cruise ship. Royal Caribbean Cruises, Ltd. (Royal Caribbean) (defendant) hired SEA, Ltd. to examine the Sky Pad aboard the ship and to issue an engineering report. Royal Caribbean commissioned the report several days before Holladay filed suit, and the report was provided to in-house counsel several weeks later. The Sky Pad was subsequently disassembled, and an incomplete inventory was transferred to Royal Caribbean’s counsel’s office. In discovery, Holladay sought documents relating to his fall from the Sky Pad. Royal Caribbean withheld the SEA report, asserting work-product protection. Holladay contended that the SEA report did not qualify as work product and that even if it did, he was entitled to its production under the doctrine’s substantial-need exception. Although the report addressed the future use of the Sky Pad and potential improvements to the attraction, Royal Caribbean claimed that the report was primarily commissioned in anticipation of Holladay’s suit.

Rule of Law

Issue

Holding and Reasoning (Goodman, J.)

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