DISCOVERY-DISCLOSURE OF TRADE SECRETS IN TORT ACTION

Prior to trial of suit to recover damages for hand infection alleged to have been caused by the use of defendant's washing compound, plaintiff filed interrogatories requesting the ingredients and proportions used in the compound. Defendant's offer to divulge its secret formula to the court in confidence until the plaintiff should make a prima facie case was ruled upon adversely by the court. Defendant thereupon suffered the statutory penalty of default rather than disclose the secret. Held, default judgment affirmed.

In this instance trade secrets were not privileged, and there was no abuse of discretion in the trial court's order to disclose since plaintiff's further attempt at establishment of a prima facie case depended upon learning the formula of the compound. Putney v. DuBois Co., (Mo. App. 1950) 226 S.W. (2d) 737.