Discovery Issues

One of the most critical parts of a Florida personal injury lawsuit is the pre-trial discovery process. During pre-trial discovery, parties can request relevant information from the other side. If the court approves a request for discovery, the court will order that the evidence is passed to the opposing party, regardless of whether that evidence is favorable to the other side or whether the side in possession of the evidence plans to use it at trial.

Although it may seem counterintuitive, preserving all evidence – even unfavorable evidence – is of critical importance in a Florida personal injury lawsuit. Under the Florida Rules of Civil Procedure, parties have an obligation to preserve evidence as soon as litigation is “reasonably anticipated.” Thus, a party’s obligation to preserve evidence may arise before a lawsuit is filed. A party’s failure to preserve relevant evidence is referred to as “spoliation.”

Discovery Sanctions

Under Rule 1.380 of the Florida Rule of Civil Procedure, a court can impose sanctions on a party that was found to have violated a discovery order. Examples of a violation of a discovery order include refusing to answer a question in a deposition or responding with an evasive or incomplete answer. The sanctions a court can impose range in seriousness, but can include the outright dismissal of a claim or default judgment being entered against a party.

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Back in 2012, a young woman was killed when she drove into the path of a semi-truck in Suwannee County. According to one report of the accident, the woman was heading eastbound on 216th Street when she entered the intersection of Suwannee County Road 49. Upon doing so, she was side-swiped by a tractor-trailer driven by a 42-year-old Lake City man. The front of the truck collided with the driver’s side of the woman’s car. She was pronounced dead on the way to the hospital.

The woman’s family sued the driver of the truck, claiming that he was negligent in the operation of his vehicle, resulting in the young woman’s death. At trial, the truck driver denied responsibility, claiming that the woman was at fault for the accident. The defendant truck driver sought the cell phone records of the young woman, arguing that the woman may have been texting or using her phone at the time of the accident. This issue was recently presented to a Florida appellate court.

In response to the defendant’s request, the plaintiffs cited their loved one’s privacy right in the use of her own cell phone. They claimed that there was no compelling reason to obtain and view the cell phone records, which may expose the private conversations of their passed loved one.

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Articles Posted in Discovery Issues

The Importance of Preserving Relevant Evidence in Florida Personal Injury Cases

Florida Appeals Court Allows Discovery Order of Accident Victim’s Cell Phone Records