ABSTRACT
In a toxic tort claim, plaintiff must prove that the toxic substance was unreasonably dangerous; plaintiff suffered personal injury or property damage; defendant's product, process, or activity was a direct cause of the injury or loss; and that defendant was responsible for the condition of the product, or the risks created by the process or activity. Large toxic tort litigation often prompts efforts to introduce evidence of document summaries. An example of the practical operation of the liberal discovery rule might arise in a plaintiff's discovery request of all documents held by a defendant manufacturer that pertain to risk analyses made of a particular product. The standard for discovery under the Federal Rules of Civil Procedure is that a requesting party is entitled only to such documentary or other evidence that would be admissible in court, or which is likely to lead to the discovery of admissible evidence.
