As the attorney for the defendant shoe company in this hypothetical case, I would utilize several discovery procedures to gather evidence, understand the plaintiff’s claim, and build a strong defense. Here’s a breakdown of key strategies:

1. Interrogatories:

• To Plaintiff:
  • Request details about the alleged defect, including photos, dates of purchase and wear, and any prior complaints.
  • Investigate the plaintiff’s medical history and prior ankle injuries.
  • Explore her activities and footwear use leading up to the injury to identify potential alternative causes.
• To Third Parties:
  • If relevant, send interrogatories to retailers where she bought the shoes and manufacturers involved in production.
  • Gather information about similar complaints or product recalls regarding the specific shoe model.

2. Requests for Production of Documents:

• From Plaintiff:
  • Obtain medical records related to the injury and treatment, including pre-existing conditions and potential alternative causes.
  • Request employment records to verify lost income claims.
  • Seek any photos or videos documenting the shoes and the alleged defect.
• From Third Parties:
  • Obtain design and manufacturing documents for the shoe model in question.
  • If available, acquire records of quality control tests and internal discussions about potential risks or defects.

3. Depositions:

• Depose the Plaintiff:
  • Thoroughly question her about the incident, her knowledge of the alleged defect, and the extent of her injuries and lost income.
  • Identify any inconsistencies or gaps in her testimony compared to written statements or medical records.
• Depose potential witnesses:
  • If relevant, depose individuals who witnessed the incident or might have information about the shoes or the plaintiff’s activities.
  • Depose experts involved in the design, manufacture, or testing of the shoes to understand their perspective on potential defects.

4. Requests for Admission:

• Seek admissions from the plaintiff regarding undisputed facts, like the date of purchase and the type of injury.
• Request admissions about the absence of certain conditions or events to narrow down potential claims or defenses.

Possible Witnesses:

• Independent experts: Engineers, biomechanical specialists, or materials scientists can evaluate the shoes and assess the alleged defect.
• Footwear industry experts: Industry professionals can offer insights into common design or manufacturing practices and potential flaws.
• Retail store employees: If involved in the purchase, they might have information about the shoe’s condition or customer complaints.
• Witnesses to the incident: If any, their testimony could corroborate or refute the plaintiff’s account.

Remember:

• This is not an exhaustive list, and the specific discovery methods utilized will depend on the evolving facts and legal strategy.
• Consulting legal counsel familiar with product liability cases is crucial for tailoring the discovery process to maximize the defense’s effectiveness.
• Ethical considerations and adherence to relevant legal rules are paramount throughout the discovery process.

By employing these discovery procedures strategically and identifying key witnesses, you can build a strong defense for the defendant shoe company and effectively counter the plaintiff’s claims.