Winn-Dixie Stores, Inc. v. Freeland

District Court of Appeal of Florida

Winn-Dixie Stores, Inc. v. Freeland

740 So. 2d 1260, 1999 Fla. App. LEXIS 12674, 1999 WL 755056

CourtDistrict Court of Appeal of Florida

DecidedSeptember 24, 1999

DocketNo. 99-1502

StatusPublished

Cited by2 cases

This text of 740 So. 2d 1260 (Winn-Dixie Stores, Inc. v. Freeland) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Winn-Dixie Stores, Inc. v. Freeland, 740 So. 2d 1260, 1999 Fla. App. LEXIS 12674, 1999 WL 755056 (Fla. Ct. App. 1999).

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Opinion

COBB, J.

In this slip and fall case, Winn-Dixie Stores, Inc. petitions for certiorari review of the lower court’s order granting discovery of Winn-Dixie’s incident report. We grant the petition and hold that the incident report is privileged work product. Winn-Dixie Stores, Inc. v. Nakutis, 435 So.2d 307 (Fla. 5th DCA 1983), rev. denied, 446 So.2d 100 (Fla.1984). Production of incident reports prepared in anticipation of litigation can only be compelled after a showing of need and inability to obtain the substantial equivalent without undue hardship.

In the instant case, the lower court entered its order compelling production even before the respondents argued they had a need for the report and that an undue hardship existed. Accordingly, we grant certiorari review and quash the order of the trial court granting discovery of Winn-Dixie’s incident report.

PETITION FOR WRIT OF CERTIO-RARI GRANTED.

ANTOON, C.J. and PETERSON, J., concur.

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COBB, J.

In this slip and fall case, Winn-Dixie Stores, Inc. petitions for certiorari review of the lower court’s order granting discovery of Winn-Dixie’s incident report. We grant the petition and hold that the incident report is privileged work product. Winn-Dixie Stores, Inc. v. Nakutis, 435 So.2d 307 (Fla. 5th DCA 1983), rev. denied, 446 So.2d 100 (Fla.1984). Production of incident reports prepared in anticipation of litigation can only be compelled after a showing of need and inability to obtain the substantial equivalent without undue hardship.

In the instant case, the lower court entered its order compelling production even before the respondents argued they had a need for the report and that an undue hardship existed. Accordingly, we grant certiorari review and quash the order of the trial court granting discovery of Winn-Dixie’s incident report.

PETITION FOR WRIT OF CERTIO-RARI GRANTED.

ANTOON, C.J. and PETERSON, J., concur.

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Bluebook (online)

740 So. 2d 1260, 1999 Fla. App. LEXIS 12674, 1999 WL 755056, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winn-dixie-stores-inc-v-freeland-fladistctapp-1999.

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