As the Supreme Court noted in Guillen, to construe § 409 to cover all facts and documents that ultimately end up in such federally mandated reports would go far beyond the congressional intent, and would hide otherwise discoverable information essential to supporting claims that could have been proven had there been no safety enhancement project:
Read MorePlaintiffs in Guillen and Whitmer brought suit against Pierce County for unsafe county roads. Dick Benedetti of Davies Pearson and I represented the Whitmer sisters whose VW Beetle was struck and knocked into a utility pole at an unsignalized intersection.
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