Englebrick

Proceedings: In Chambers: Order Granting In Part and Denying In Part Defendants’ Motion to Compel Responses to Deposition Questions

This matter is before the Court on Defendants’ motion to compel Plaintiff Bradley Englebrick’s responses to certain deposition questions. Argument on the motion was held on October 20, 2009. Supplemental letter briefs were filed on October 21, 2009, and the matter is ready for decision.

This is a product liability action arising from a fire at Plaintiffs’ home on April 7, 2008. Plaintiffs claim that a gas cylinder and torch, negligently designed and manufactured by Defendants, fell to the floor of their bedroom and started the fire. De fendants claim Plaintiffs were using methamphetamine on the morning of the fire and caused the fire themselves. This dispute arose after Plaintiff Englebrick asserted his Fifth Amendment privilege against self incrimination in response to certain questions at his August 12, 2009 deposition. In particular, Plaintiff refused to answer specific questions about his alleged history of methamphetamine use, purchase, and possession as well as general questions about how methamphetamine is packaged and ingested. In addition,…