As the attorney for the defendant shoe company in this hypothetical case, several discovery procedures could be utilized to build a strong defense against the plaintiff’s claims.

Initial Steps:

1. Review Complaint and Gather Initial Information: Obtain and thoroughly analyze the plaintiff’s complaint, including specific allegations regarding the defect, date of injury, medical records, and damage claims. Gather all relevant internal documents like design specifications, manufacturing records, quality control reports, and any related customer complaints.
2. Identify Witnesses:
   • Internal:Interview company personnel involved in design, manufacturing, quality control, customer service, and sales related to the specific shoe model.
   • External:Identify potential witnesses like retailers, independent testing labs, or experts in footwear design and biomechanics.

Discovery Procedures:

1. Interrogatories:
   • Serve interrogatories to the plaintiff requesting detailed information about:
     • The specific defect, how she discovered it, and when the shoes were purchased.
     • Prior injuries or medical conditions affecting her ankle.
     • Activities leading to the injury and use of the shoes before the incident.
     • Witness contact information.
   • Propound interrogatories to third parties like the retailer to confirm purchase details and potential tampering with the shoes.
2. Requests for Production of Documents:
   • Request the plaintiff to produce:
     • Medical records related to the ankle injury and treatment.
     • Photographs of the damaged shoes and her ankle.
     • Any expert reports or witness statements she intends to rely on.
   • Request the retailer to produce sales records and any relevant communication regarding the shoes.
   • Request internal documents from your client covering:
     • Design and manufacturing specifications for the shoe model in question.
     • Quality control procedures and reports related to that model’s production.
     • Records of any prior customer complaints about similar defects.

3. Depositions:
   • Depose the plaintiff to clarify her claims, assess her credibility, and explore potential weaknesses in her case.
   • Depose key internal witnesses like the designer, quality control supervisor, and relevant sales personnel to understand their knowledge and role in the shoe’s development and production.
   • Consider deposing the retailer’s representative depending on the information sought.
4. Independent Medical Examination (IME):
   • Request an independent medical examination of the plaintiff by a qualified physician to assess the nature and extent of her injuries, potential contributing factors, and possible pre-existing conditions.
5. Inspections and Tests:
   • Arrange for an independent expert to inspect the damaged shoes and potentially conduct material testing to analyze the alleged defect and its potential link to the injury.

Remember:

• This is not an exhaustive list, and the specific discovery procedures utilized will depend on the specific facts and evidence uncovered during the initial investigation.
• Privilege considerations apply to certain communications and documents. Consult with relevant legal professionals to ensure compliance.
• Ethical considerations and professional courtesy are crucial throughout the discovery process.

Additional Resources:

• Federal Rules of Civil Procedure (Rule 26-37)
• State-specific Rules of Civil Procedure
• American Bar Association Center for Professional Responsibility

By employing a strategic and comprehensive discovery approach, you can gather the necessary information to effectively defend your client, the shoe company, in this hypothetical case.