Question

Suppose Polly filed a civil complaint in South Carolina state court naming a company called Dobby's Oyster Shack as the defendant. In Polly's complaint, she alleged that she "suffered a serious illness caused by a Dobby's Oyster Shack employee who negligently served her contaminated oysters." Dobby's Oyster Shack hopes to utilize the tools of discovery to win the case before trial by filing a motion for summary judgment. (a) What are two examples of facts Dobby's Oyster Shack should seek to establish in discovery in preparation for its motion for summary judgment? (b) Explain how Dobby's Oyster Shack should use the specific tools of discovery (interrogatories, subpoenas, depositions, etc.) to establish the facts you identified in question (a).

Answer 1

(b) Dobby's Oyster Shack can use the following specific tools of discovery to establish the above-mentioned facts:

1. Interrogatories: Dobby's Oyster Shack can use interrogatories to ask Polly to provide detailed information about the symptoms she experienced after consuming the oysters and any medical records related to her illness. They can also ask her to identify any witnesses who were present at the time of her visit to the restaurant and whether or not they also consumed oysters.

Step-by-step explanation: