Submitted: April 25, 2013.
Defendant's Caption: September 12, 2013
Upon Defendant Mid-Del's Motion to Compel.
Pilar G. Kraman, Young Conaway Stargatt & Taylor, LLP, Attorney for Plaintiff Reginald Spence, Wilmington, Delaware.
Richard D.. Abrams, Mintzer, Sarowitz, Zeris, Ledva & Meyers, LLP, Attorney for Defendant Mid-Del Hydroseeding LLC.
David L. Baumberger, Chrissinger & Baumberger, Attorney for Defendant Layaou Landscaping Inc.
OPINION AND ORDER
This case involves a personal injury action brought by Plaintiff Reginald Spence ("Spence") to recover damages against Defendant Layaou Landscaping Inc. ("Layaou") after his slip and fall while walking in the parking lot of Delaware Transit Corporation's Operation Complex in Georgetown, Delaware on December 21, 2009. Layaou contracted to provide snow and ice removal for the site. Subsequently, Spence amended his complaint to add Defendant Mid-Del Hydroseeding LLC ("Mid-Del"), the subcontractor who provided snow and ice removal for Layaou. Spence was deposed on September 24, 2012. In Spence's deposition, he answered the following:
Q: What was the condition of the employee lot when you pulled in that morning?
A: If I had to give it a grade, I'd say fair.
Q: In what way?
A: You were – it wasn't clean-clean. There were spots of – where you could partially see blacktop and parts where you couldn't see.
Q: From snow, you mean?
A: Snow, ice, whichever you wish to say.
Q: So when you got to the lot, you remember there [were] spots that were snow covered ...