Florida Case Law Update: Fourth DCA Quashes Circuit Court Order Compelling Production Of IME Video And Transcript To Defendant

Posted January 25, 2010

Independent Medical Exam

Fourth DCA Quashes Circuit Court Order Compelling Production Of IME Video And Transcript To Defendant

Maguire v. Pool Doctor of the Palm Beaches, Inc.,
35 FLW D10 (Fla. 4th DCA, Dec. 23, 2009)
Submitted by Dorothy Venable DiFiore

Citing to McGarrah v. Bayfront Medical Ctr, Inc., 889 so.2d 923 (Fla. 2nd DCA 2004), the court found that the video and transcript of a compulsory exam conducted pursuant to Rule 1.360, Fla. R. Civ. P., were the work product of the plaintiff's attorney until such time as they were identified as exhibits for trial.

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