WILKES-BARRE
- A judge ordered General Motors Corp. Tuesday to pay expenses
of $20,000 to the Powell Law Group and levied additional sanctions
against the vehicle manufacturing giant for not complying
with discovery requests related to the upcoming trial of two
civil lawsuits.
Powell
represents the estates of Michael P. Arcure and Orval J. Murphy
of Freeland, who were killed along with Barry Mulhall in a
1985 Chevrolet Blazer that was struck head-on by a pickup
truck driven by Harry Biddings III, of Berwick.
The
fiery crash occurred June 19, 1999, on Airport Road in Hazle
Township.
The
lawsuits allege the three men survived the collision but burned
to death because of a faulty fuel system installed in the
Blazer.
Attorney
Bob Powell, who had filed a motion for sanctions, complained
that lawyers for GM failed to produce all documents referencing
design changes to the fuel system of the Blazer.
He
said they provided engineering change authorizations and not
the engineering change reports requested in discovery.
GM
attorney Mary Grace Maley said there was no difference between
"an ECR and ECA."
"As
far as I'm concerned, they're two different things," Olszewski
said.
Powell
said the discovery issue has been going on for two years and
the information "is available at their fingertips." However,
he said something is always missing "inadvertently" from documents
sought or GM has an excuse for missing discovery deadlines.
"We
don't speak the same English they do," Powell stated.
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Olszewski
said, "I've heard inadvertence so many times from GM, I'm sick
of it. Inadvertence has worn out. In my judgment, GM has not
followed the Rules of Civil Procedure."
Olszewski
told another GM lawyer "You haven't kept your word to me" that
all discovery documents requested would be provided.
"Somebody's
playing games. I've had it with games. Now, there will be consequences,"
the judge declared.
Olszewski
ordered GM to pay the $20,000 "to Plaintiffs' counsel no later
than 4 p.m. on Oct. 29." He scheduled a compliance hearing for
8 a.m. Oct. 30 and attached all counsel to attend.
The
judge directed GM to pay Powell "counsel fees of $500" for preparation
of the motion for sanctions by the same deadline and included
compliance in the Oct. 30 hearing."
"GM
will pay a fine of $100 for every day you were late and pay
it within 15 days to the Clerk of Courts," Olszewski ordered,
referring to documents turned over Oct. 4 that he ordered by
produced by Aug. 5.
The
judge also said GM was "prohibited from presenting any witnesses"
in regard to crash test results sought by Powell.
Powell
said he would require the third deposition of a GM expert because
of the lateness in receiving the report of a crash test and
fuel study related to the integrity of the Blazer.
Olszewski
ordered the deposition be scheduled for Oct. 25 in Detroit.
The
trial is scheduled for Nov. 18.
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