16 Fla. L. Weekly Supp. 590a
Online Reference: FLWSUPP 166TORO
Insurance — Personal injury protection — Discovery — Deposition of insurer’s litigation adjuster shall take place in county where adjuster does business and lives
PEMBROOKE PINES, MRI, INC., a/a/o Luis Toro, Plaintiff, v. HARTFORD UNDERWRITERS INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County, Civil Division. Case No. 08-03844-COCE-54. March 27, 2009. Lisa G. Trachman, Judge. Counsel: Charles J. Kane, Boca Raton, for Plaintiff. Scott W. Dutton, Dutton Law Group, PA, Tampa, for Defendant.
ORDER GRANTING DEFENDANT’S OBJECTION AND MOTION FOR PROTECTIVE ORDER
THIS MATTER came on to be heard on March 11, 2009 on Defendant HARTFORD UNDERWRITERS INSURANCE COMPANY’s Objection and Motion for Protective Order as to the Plaintiff’s Notice of Taking Deposition Duces Tecum of litigation adjuster Sean Manley, and after having reviewed the Court file, and considered argument of counsel, it is
ORDERED AND ADJUDGED that this case involves a dispute over personal injury protection benefits. The Plaintiff has set the deposition of Sean Manley, litigation adjuster, for HARTFORD to take place in Deerfield Beach. Hartford and Mr. Manley do business and live in Tampa, Hillsborough County, Florida.
The general rule is that a defendant will not be required to travel a great distance and incur substantial expense to be deposed by the plaintiff. See Kaufman v. Kaufman, 63 So.2d 196, 206 (Fla.1952); see also Fortune Ins. Co. v. Santelli, 621 So.2d 546, 547 (Fla. 3d DCA 1993); Donahoo v. Matthews, 660 So.2d 391, 392 (Fla. 5th DCA 1995); Teledyne Inds., Inc. v. Mustang Ranch Aircraft, Inc., 753 So.2d 785 (Fla. 3d DCA 2000) (citing Santelli). Thus, because Mr. Manley does business and resides in Hillsborough County, it is
ORDERED AND ADJUDGED that the deposition of Mr. Manley shall take place in Hillsborough County which is his place of business and place of residence, and not Deerfield Beach.
The Plaintiff attorney may attend the deposition by phone, or in person. The Plaintiff’s request that the Defendant pay for the cost of a telephonic deposition is DENIED.
