February, 2011 ISSUE: Whether a defendant in a premises liability case may withhold video evidence of the events giving rise to the lawsuit before the plaintiff’s deposition? In a ruling of first impression, the Superior Court in Herrick v. Wilson, ATL-L-1913-10, dealt with the issue of whether a party may delay production of video evidence depicting the actual incident. By distinguishing the New Jersey Supreme Court’s decision involving a similar issue in Jenkins v. Rainner, 69 N.J. 50 (1976), Herrick concluded such evidence may not be withheld.