Schultz v. Butcher

CHAPMAN, Senior Circuit Judge: Karen Schultz was injured when the small boat in which she was riding crossed the wake1 created by The Spirit of Mount Vernon, a large passenger vessel, which caused the smaller boat to impact sharply upon the water. Schultz brought this action against the owner and the operator of the smaller boat, and against The Spirit of Mount Vernon and its owner Spirit Cruises, Inc. (""Spirit Cruises""). During discovery, Spirit Cruises served a request for production of documents pertaining to the incident, but Schultz's attorney failed to pro duce a pertinent report of the accident that had been prepared by the Coast Guard Marine Safety Office. At the Conclusion of a bench trial, the district court entered judgment for Schultz. We find that the failure to produce the Coast Guard report amounted to misconduct under the Federal Rules of Civil Procedure, and reverse the district court's denial of Spirit Cruises motion for a new trial, vacate the court's judgment and remand for a new trial.