16 Fla. L. Weekly Supp. 870a

Online Reference: FLWSUPP 169OAKLA

Insurance — Personal injury protection — Examination under oath is admissible under recorded recollection exception to hearsay rule

OAKLAND HEALTHCARE AND REHABILITATION CORPORATION (As Assignee of Alberto Gonzalez), Plaintiff, vs. INFINITY INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 07-CC-035094, Division J. July 17, 2009. Gaston J. Fernandez, Judge. Counsel: Elizabeth Andrews, Andrews & Manno, P.A., Tampa. Timothy A. Patrick.

ORDER ON PLAINTIFF’S MOTION IN LIMINE TO EXCLUDE EUO

THIS CAUSE having come before this Court on June 4, 2009 on Plaintiff’s Motion in Limine to Exclude EUO, and the court, having reviewed the record and having heard argument by counsel, rules for the reasons stated in open court, as follows:

ORDERED AND ADJUDGED:

1. Plaintiff’s Motion is denied pursuant to Fla. Stat. Sec. 90.803(5).