11 Fla. L. Weekly Supp. 363b
Insurance — Personal injury protection — Discovery — Production of documents — Privilege — Trade secret — Objections to production of invoices indicating price charged to medical provider for electrotherapy device and related supplies provided to insured and name and address of supplier are overruled — Provider is instructed to discuss feasability of producing copy of manual typically provided with supplies
MEDPEND, INC., as assignee of ADRIAN SMITH, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 02-SC-1354-19-U. February 10, 2004. Donald L. Marblestone, Judge. Counsel: Chandra L. Miller, Thompson Goodis Thompson Groseclose & Richardson, P.A., St. Petersburg. Brian A. Coury, Lake Mary.
ORDER ON PLAINTIFF’S OBJECTIONS TO DEFENDANT’S REQUEST FOR PRODUCTION
THIS CAUSE, having come on before the Court on January 29, 2004 on the Plaintiff’s Objections to Defendant’s Request for Production and the Court, having heard argument of counsel for both parties and being otherwise fully informed in these premises, it is and the same hereby be
ORDER AND ADJUDGED as follows:
1. Defendant requested the following information be produced by the Plaintiff:
a. The invoice price charged to MEDPEND, Inc. for a MEDPEND Electrotherapy device such as the one prescribed to Adrian Smith and provided to Adrian Smith.
b. The invoice price charged to MEDPEND, Inc. for the electrodes provided to Adrian Smith.
c. The invoice price charged to MEDPEND, Inc. for the lead wires provided to Adrian Smith.
d. The invoice price charged to MEDPEND, Inc. for the replacement batteries provided to Adrian Smith.
e. The original invoices for those supplies.
2. Plaintiff objected on the basis that said information would constitute trade secret, confidential commercial and propriety information.
3. The Plaintiff’s objections are OVERRULED. Plaintiff shall provide the invoices for the supplies requested, setting forth the supplier’s name and address.
4. In addition, Plaintiff has been instructed to discuss the feasibility of obtaining a manual which is typically provided with the supplies and to provide a copy if feasible.
Plaintiff shall comply with said Order within twenty (20) days of the date of the hearing or February 18, 2004.
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