Question
A was injured from a gas explosion occurring in a building under construction. A sues X, the contractor and the Y Gas Co, which was
A was injured from a gas explosion occurring in a building under construction. A sues X, the contractor and the Y Gas Co, which was installing gas equipment and machinery. Y Gas Co. files a cross complaint against X. X takes the deposition of Z, an employee of Y Gas Co., who conducted an investigation of the explosion for Y. In answer to questions from X, Z testifies that he investigated the explosion upon the direction of his employer Y Gas Co; that he made a written report of the investigation; that one copy was sent to the accident prevention department of the Y gas co. and the original was sent to the lawyer for Y gas Co. and that his job was to investigate all explosion type accidents involving Y gas Co's employees and their equipment.
Upon being asked what he discovered about the explosion and its cause, he answered that he had no present recollection and that he would have to look at his report. Y Gas Co's lawyer objects to Z's use of the report on the ground of the attorney-client privilege. X seeks a court order to compel Z to answer the deposition questions through use of his report. How should the court rule?
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