Q: How can I seek damages for a false deposition by a company regarding defective material?
I supply material to a company, and an individual has sued this company for a failed product made with the material I supplied. An executive from the company gave a false deposition, claiming my material was faulty, leading to the failure. He falsely stated they informed us about the bad quality and that they stopped doing business with me. In truth, I stopped supplying to them over a year ago due to their low prices and erratic ordering. I have email evidence they never reported quality issues and requested continued supplies. Now, I have been made a respondent in the lawsuit by the injured party. I have not yet taken legal steps. How can I seek damages, injunctive relief, and a retraction from the company for the false deposition?
A:
Statements made in a deposition in a lawsuit are privileged, so you cannot legally recover damages, obtain an injunction, or compel a retraction.
You should tender the lawsuit to your insurance company and request a defense. Any reputable business like yours that provides material and supplies carries insurance with products and completed operations coverage to cover claims based on faulty material which may have caused property damage or bodily injury to customers, end users, and the public at large.
Your insurance company should hire a lawyer to defend you. You should share the information you have collected with that attorney to assist in the defense of your case. Your attorney can also depose that same executive of your customer and ask for any evidence it has that it ever reported any complaints to you concerning your material. He can also have experts of your and your insurance company’s choosing examine the actual material at issue in the case to determine if it is faulty and caused the problem.
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