12 Fla. L. Weekly Supp. 1070a
Insurance — Personal injury protection — Discovery — Interrogatories — Insured’s objections that interrogatories regarding prior injuries and claims are overbroad, irrelevant, immaterial, harassing and not reasonably calculated to lead to discovery of admissible evidence are overruled — Attorney work product privilege objection to interrogatory regarding identity of any persons from whom insured, insured’s attorney or anyone acting on insured’s behalf have obtained statements regarding issues in suit is overruled — Objection to providing information on medical providers on ground that information is contained in claim file is overruled
AARON E. THOMAS, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 4th Judicial Circuit in and for Duval County. Case No. 16-2004-SC-1364, Division B. August 5, 2005, nunc pro tunc to July 28, 2005. Roberto A. Arias, Judge. Counsel: David G. Candelaria, Farah, Farah & Abbott, P.A., Jacksonville, for Plaintiff. Patrick J. Snyder, James C. Rinaman, III & Associates, P.A., Jacksonville, for Defendant.
ORDER GRANTING DEFENDANT’S MOTION TOCOMPEL BETTER ANSWERS TO DEFENDANT’S FIRST INTERROGATORIES
THIS CAUSE, came to be heard on July 28, 2005, on the Defendant’s Motion to Compel Better Answers to Defendant’s First Interrogatories. Present before the Court appeared counsel for Defendant, Patrick J. Snyder, Esquire, and David G. Candelaria, Esquire, counsel for Plaintiff. The Court having reviewed the Motion, having heard the argument of counsel, having reviewed the relevant case law and being otherwise fully advised in the premises, finds:
1. Interrogatory number three (3) requests Plaintiff to “State whether you have been involved in any accident or incident of any kind, either before or after the accident described in your complaint, in which you sustained personal injury. If so, state the date of each such accident or injury, the place of each such accident or injury, the nature of the injuries you received, and the name and address of each health care provider who examined or treated you for such injuries.”.
A. Plaintiff’s response was“objection, over broad, irrelevant, immaterial, harassing and not reasonably calculated to lead to the discovery of admissible evidence.”
B. Plaintiff’s objection is overruled and therefore, Plaintiff must provide a better response. Plaintiff’s response will be limited to all injuries sustained requiring medical attention.
2. Interrogatory number four (4) requests Plaintiff to “State whether you have ever made a claim for personal injuries other than in this lawsuit. If so, state the nature of the claim or lawsuit, the name and last known address of each person or entity you claimed to have caused the injuries, the court or governmental agency in which the lawsuit or claim was filed, the style of the case, the case number, the disposition of the lawsuit or claim, and the amount which you received for your injuries.”
A. Plaintiff’s response was “objection, over broad, irrelevant, immaterial, harassing and not reasonably calculated to lead to the discovery of admissible evidence.”
B. Plaintiff’s objection is overruled and therefore, Plaintiff must provide a better response.
3. Interrogatory number five (5) requests Plaintiff to “State whether you or your attorney or anyone else acting on your behalf have obtained statements in any form from any person regarding the issues in this lawsuit. If so, state the name and address of the person giving the statement, the date on which the statement was taken, the name and address of the person taking the statement, and whether a copy of the statement was given to the person from whom it was taken, for their review.”
A. Plaintiff’s response was“objection; privileged attorney work product.”
B. Plaintiff’s objection is overruled without prejudice and therefore, Plaintiff must provide a better response.
4. Interrogatory number seven (7) requests Plaintiff to “State any and all physicians, chiropractors, psychologists, therapists, counselors, or other persons with medical backgrounds that you have received treatment from as a result of injuries sustained in the MVA at issue. For each provider identified; state their complete name, address, telephone number, date(s) treatment was received, and the group and/or practice of affiliation.”
A. Plaintiff’s response was “objection; the information sought by Defendant is contained in Defendant’s claim file.”
B. Plaintiff’s objection is overruled and therefore, Plaintiff must provide a better response. Therefore, it is
ORDERED AND ADJUDGED:
5. Defendant’s Motion to Compel Better Answers to Defendant’s First Interrogatories is GRANTED. Plaintiff shall provide Better responses to the above indicated Interrogatories within twenty (20) days.
6. Defendant was not seeking fees and costs pursuant to Florida Rules of Civil Procedure 1.380 and therefore, fees and costs were not considered.
* * *
