Defendant New Jersey Department of Transportation seeks reconsideration of its motion for a protective order which was previously denied by this Court on November 28, 2000. Defendant believes that the information plaintiff seeks by way of discovery is privileged pursuant to 23 U.S.C.A. 409.
Defendant seeks a protective order based on the above statute.
Defendant now presents to this court the most recent version of the statute, which plaintiff believes should cause this court to reevaluate and change its previous decision. Margaret Espina's estate seeks by way of discovery from the New Jersey Department of Transportation, records, surveys, and statistical information compiled by that department regarding traffic improvements performed at the intersection of Route 139 State Highway and Palisade Avenue, located in Jersey City, New Jersey. Decedent was involved in an automobile accident at the intersection of Central and State Highway which is in the vicinity of State Highway and Palisade Avenue. Plaintiff alleges that the traffic conditions found at State Highway and Palisade Avenue are similar in nature to those found at Central and State Highway. Plaintiff seeks the information compiled by the State in the belief that it will lead to admissible evidence in this case.