Maldonado v. Union Pac. R.R. Co., 2010 WL 1980319 (D. Kan. May 18, 2010)

Key Insight: Court denied motion for a protective order preventing disclosure of the video of defendant?s train colliding with plaintiffs? car where defendant?s concerns about video manipulation or commercial exploitation was unwarranted and unsupported by evidence beyond speculation; court ordered production of event recorder data for a relevant time period and, because of the need for proprietary software to analyze the data, ordered defendant to either secure permission for plaintiff to utilize the software independently and produce the data and software outright or make the data and software available at a mutually agreeable time and place for plaintiff?s evaluation

Nature of Case: Claims arising from train vs. car collision

Electronic Data Involved: Video of collision & event recorder data and related software