ALBERTSONS, INC., PETITIONER,
v.
ROSELLA J. HOWELLS, RESPONDENT

Fla. 2d DCA | 1987-10-09
No. 87-1936
RYDER, A.C.J., and LEHAN and FRANK, JJ., concur.
518 So. 2d 291 Florida District Court of Appeal, Second District (1987) Positive Treatment
Cited by 4 cases
Topics
Anticipation Of Litigation Slip And Fall Work Product Doctrine

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Albertsons, the defendant in a slip-and-fall action has petitioned this court for a writ of certiorari to quash an order compelling the disclosure to the respondent of an internally-produced “incident report” prepared on the day of the accident for the store manager in accordance with the requirements of Albertsons’ claims representatives. Albertsons maintains that the report constitutes work product prepared in anticipation of litigation. Based upon Winn-Dixie Stores, Inc. v. Nakutis, 435 So. 2d 307 (Fla. 5th DCA 1983), pet. for rev. den., 446 So. 2d 100 (Fla.1984), we agree. Rule 1.280(b)(2) of the Florida Rules of Civil Procedure prescribes conditions which must be satisfied to achieve entitlement to a report of the kind sought by the respondent. The respondent did not allege circumstances overriding Albertsons right to confidentiality.

Petition granted.

RYDER, A.C.J., and LEHAN and FRANK, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Waste Mgmt. v. S. Bell Tel. & Tel. Co., 544 So. 2d 1133 (Fla. 4th DCA 1989)
    …o. 2d 115 (Fla.1949); Sears, Roebuck and Co. v. Scott, 481 So. 2d 968 (Fla. 4th DCA 1986); Karch v. MacKay, 453 So. 2d 452 (Fla. 4th DCA 1984); Florida Power & Light Co. v. Limeburner, 390 So. 2d 133 (Fla. 4th DCA 1980); Albertsons, Inc. v. Howells, 518 So. 2d 291 (Fla. 2d DCA 1987); Florida Cypress Gardens, Inc. v. Murphy, 471 So. 2d 203 (Fla. 2d DCA 1985); New Life Acres, Inc. v. Strickland, 436 So. 2d 391 (Fla. 5th DCA 1983) with Airocar, Inc. v. Goldman, 474 So. 2d 269 (Fla. 4th DCA 1985); Nationwide Insu…
  • Publix Supermarkets, Inc. v. Bertie Martin, 739 So. 2d 174 (Fla. 2d DCA 1999)
    …Martin is not entitled to compel discovery of the information contained in the incident reports of Publix. Therefore, we grant the writ and quash the trial court’s order as to interrogatories number 20 and number 24. See Albertsons, Inc. v. Howells, 518 So. 2d 291 (Fla. 2d DCA 1987); Intercontinental Properties, Inc. v. Samy, 685 So. 2d 1035 (Fla. 3d DCA 1997). This does not preclude Martin from requesting Publix to furnish her the name and address of any person who has fallen off a similar scale in any Publi…

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