16 Fla. L. Weekly Supp. 782a
Online Reference: FLWSUPP 168TORRE
Insurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Expert witness is stricken as sanction for insurer’s repeated failure to provide discovery regarding other cases in which expert has testified by deposition or at trial
ASSOCIATES REHABILITATION, INC. a/a/o Alicia Torres, Plaintiff, vs. UNITED AUTOMOBILE INSURANCE CO., Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 08-14951 COCE 53. June 5, 2009. Robert W. Lee, Judge. Counsel: Stephen Cameron, P.A., for Plaintiff. Camille Riviere, for Defendant.
ORDER GRANTING PLAINTIFF’S RENEWED MOTION TO STRIKE DR. RICHARD GLATZERFOR VIOLATION OF COURT ORDER ENTERED MARCH 06, 2009 AND FOR FAILURE TO PROVIDE EXPERT WITNESS DISCOVERY
THIS CAUSE, having come before the Court on June 5, 2009, on Plaintiff’s Renewed Motion to Strike Dr. Richard Glatzer for Violation of Court Order Entered March 06, 2009 and for Failure to Provide Expert Witness Discovery, and the Court having reviewed the entire Court file; heard argument; reviewed relevant legal authorities; and been sufficiently advised in the premises,
IT IS HEREBY ORDERED AND ADJUDGED, that Dr. Richard Glatzer is stricken as an expert witness for Defendant’s repeated failure to provide expert discovery as provided for in Rule 1.280(b)(4)(A)(iii)3, Fla. R. Civ. Pro., Orkin Exterminating Company, Inc., v. Knollwood Properties, Ltd., and Syken v. Elkins, 644 So. 2d 539 (Fla. 3d DCA 1994), approved, 672 So.2d 517 (Fla.1996).
Additionally, Dr. Glatzer was not present as a witness at the pretrial conference.
On March 6, 2009, the Defendant was provided one last opportunity, within fifteen days, to provide responses to Plaintiff’s expert interrogatories numbered 3(c), 3(e) and 3(g). After three (3) months Defendant has still failed to provide the discovery, seek relief from Court Order or otherwise address the issue of expert discovery. Plaintiff has been prejudiced by Defendant’s conduct since Plaintiff has been prevented from discovering the true extent of the relationship between Defendant and its expert witness, Dr. Glatzer. The Court finds that striking Dr. Glatzer is the only available remedy. The law in Florida is clear that if a party cannot provide the expert discovery authorized specifically by the rules, that expert cannot testify. 710 So.2d at 698.
Accordingly,
IT IS HEREBY ORDERED AND ADJUDGED, that Dr. Richard Glatzer is hereby stricken for all purposes in this action.
