26 Fla. L. Weekly Supp. 848a
Online Reference: FLWSUPP 2610HERNInsurance — Personal injury protection — Discovery — Examination under oath — EUO transcripts are discoverable as business records utilized by insurer in claims handling process
JOSE HERNANDEZ, Plaintiff, v. LM GENERAL INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County. Small Claims Division. Case No. 18-CC 015903. November 21, 2018. Jared Smith, Judge. Counsel: Timothy A. Patrick, Patrick Law Group, P.A., Tampa, for Plaintiff. Cassandra Zayne, for Defendant.ORDER
THIS MATTER having come before the court on November 5, 2018 on Defendant’s Motion to Compel Discovery and Plaintiff’s Motion to Set for Trial. The court having considered the motion, the arguments presented by the parties, applicable law, and being otherwise fully advised, finds,
1. Plaintiff’s Motion to Set Trial is HEREBY GRANTED. A jury trial is set in this matter for March 25, 2018 and March 26, 2018 beginning at 9:00 AM. A Pre-Trial Conference will be set on a date/time to be determined.
2. Plaintiff’s moved to compel the EUO transcripts of the Plaintiff and other claimants in the subject accident.
3. Plaintiff’s Motion to Compel Discovery is HEREBY GRANTED as to said EUO transcripts. The court finds that the EUO transcripts are a business record of Defendant utilized in the claim handling process.
4. Defendant has thirty (30) days from the date of the order to produce said EUO transcripts.
5. Plaintiff’s motion is HEREBY DENIED as to its request for the forensic report of Defendant’s expert inasmuch as Defendant has not declared any experts yet.
