Judge Rejects Litigation Privilege Claimed by Kansas City Southern for Accident Investigator’s Interviews

NEW ORLEANS — A federal magistrate judge has ruled that witness statements taken by a railroad accident investigator as part of his normal response to an injury report are discoverable despite his claim that the interviews were conducted in anticipation of litigation.

Magistrate Judge Joseph C. Wilkinson Jr. of the U.S. District Court for the Eastern District of Louisiana also ruled Aug. 2, however, that the inspector’s interview notes, his summary of the reported accident and a related diagram include the investigator’s impressions and are all protected by work-product privilege, as claimed.

The discovery dispute stemmed from an accident reportedly …