13 Fla. L. Weekly Supp. 624b
Insurance — Personal injury protection — Discovery — Interrogatories — Motion to compel discovery is granted as to interrogatories regarding checks issued, computer program used to review claim, training regarding use of program, personnel knowledgeable about technical aspects of program, description of database used by program, and reports generated by program — Insurer does not have standing to assert trade secret privilege on behalf of non-party vendor of computer program
GULF COAST INJURY CENTER, L.L.C., (a/a/o Seaford Jackson), Plaintiff, v. PROGRESSIVE AUTO PRO INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 05-17462, Division I. March 21, 2006. Charlotte W. Anderson, Judge. Counsel: Timothy A. Patrick, Timothy A. Patrick, P.A., Tampa. Brian Crim.
ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL DISCOVERY
THIS CAUSE came before the Court on March 13, 2006 on Plaintiff’s Second Motion to Compel Discovery. Plaintiff’s counsel, Timothy A. Patrick, and Defendant’s counsel, Brian Crim were present. The court after hearing argument of counsel and having reviewed the record,
It is ORDERED and ADJUDGED as follows:
(1) As to Plaintiff’s Request for Production, Defendant agrees to produce its Dec Page and policy within twenty (20) days of the hearing.
(2) As to Plaintiff’s Interrogatory No. 4 which requests a listing of the check numbers(s), dates of checks, amounts of checks, and payees on the checks, Plaintiff’s motion is granted. Defendant will provide said information within twenty (20) days of the hearing.
(3) As to Plaintiff’s Interrogatory No. 9 which requests a description of the type of computer program that was used to review the claim for medical services submitted in this case giving the actual name and model number together with the name and address of the company that sold or supplied the software, Plaintiffs motion is granted. Defendant will provide said information within twenty (20) days of the hearing.
(4) As to Plaintiff’s Interrogatory No. 12, Plaintiff’s motion is denied.
(5) As to Plaintiff’s Interrogatory No. 13, which requests a list of all internal memos, seminars, audio tapes, and video tapes used by your training personnel to explain to your adjusters the use of the computer software described above for the review of claims, Plaintiff’s motion is granted. Defendant will provide said information within twenty (20) days of the hearing.
(6) As to Plaintiff’s Interrogatory No. 14 which requests a list of the names and job titles of all personnel working for you for the period running from one year before the accident and one year after the accident who are knowledgeable about the technical aspects of the above computer program (hardware & software) and how it works, Plaintiff’s motion is granted. Defendant will provide the name of its Person with the Most knowledge of this information within twenty (20) days of the hearing.
(7) As to Plaintiff’s Interrogatory No. 15 which requests a list of the names and job titles of all personnel working for you for the period running from one year before the accident and one year after the accident who are knowledgeable about the technical aspects of the above computer program (hardware & software) and how it works, Plaintiff’s motion is granted. Defendant will provide the name of its Person with the Most Knowledge of this information within twenty (20) days of the hearing.
(8) As to Plaintiff’s Interrogatory No. 16 which requests that is the computer program involves the use of a database, describe the database and how that provides any reliable information for reviewing of Florida PIP claims, Plaintiff’s motion is granted. The court rules that the Defendant does not have standing to assert a trade secret privilege on behalf on Mitchell Medical. If Mitchell wishes to intervene to assert this privilege, it may file a Motion to Intervene. The Defendant must provide this information within thirty (30) days of the hearing.
(9) As to Plaintiff’s Interrogatory No. 18, which asks the Defendant to state whether the computer program has the ability to generate reports and, if so, list each type of report and describe the information it contains, Plaintiff’s motion is granted. Defendant will provide said information within twenty (20) days of the hearing.
(10) As to Plaintiff’s Interrogatory No. 19, said request is withdrawn by Plaintiff.
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