Dollar v. Long

1977

Venue: Ct. App. 5th Cir.
Facts: Dollar got killed (no witnesses) while using a possibly defective tractor. The tractor company had evidence about similar incidents, but didn't fess up. The plaintiff's motion to compel production of those docments was denied by the court.
Posture: Directed verdict for defendant at trial. Appeal.
Issue: Three:
  1. Was the denial of the motion to compel reversible error?
  2. Should the evidence of subsequent failures have been allowed in order to impeach the defense expert?
  3. Should the covenant not to sue have been entered into evidence as proof of a release from liability?
Holding: Yes. Yes. No. (all three for plaintiff!) Reversed.
Rule: Failing to object waives objections. This was a reasonable interrogatory, and there was no objection: the defendant had to answer it fully.

The evidence can be admitted for impeachment, even though it's not admissible for proof of negligence.

Interpreting the agreement is an issue for the court, not the jury. Also, as a matter of state law, these documents weren't a release.
Reasoning: Participation in discovery is mandatory, absent a valid objection. Some evidence can be used for one purpose and not another-- that's perfectly normal. And a covenant not to sue is not a release from liability.
Dicta: