Kozlowski v. Sears, Roebuck & Co.
United States District Court for the District of Massachusetts
73 F.R.D. 73 (D. Mass. 1976)
Kozlowski (plaintiff) brought a products liability suit against Sears, Roebuck & Co. (Sears) (defendant) after he was severely burned when Sears’s pajamas he was wearing “was caused to ignite.” Kozlowski filed a motion to compel discovery of a record of other complaints or discussions involving personal injury caused by Sears’s pajamas. A federal magistrate order compelled production of the records, but Sears did not produce. Kozlowski filed a motion for entry of default judgment which was granted by the United States District Court for the District of Massachusetts. Sears filed a motion to remove the default judgment, claiming that production of all of such records was impractical and nearly impossible.
Rule of Law
Holding and Reasoning (Julian, S.D.J.)