MT. SINAI MEDICAL CENTER, INC., PETITIONER,
v.
ELIZABETH PEREZ-TORBAY AND EDUARDO TORBAY, RESPONDENTS

Fla. 3d DCA | 1990-01-23
No. 89-2756
Before NESBITT, COPE and GERSTEN, JJ.
555 So. 2d 1300 Florida District Court of Appeal, Third District (1990) Positive Treatment
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Mt. Sinai Medical Center challenged trial court orders requiring it to answer a burdensome interrogatory requesting identifying information for all healthcare personnel who had contact with a patient during a four-month hospitalization. The appellate court held that while the interrogatory was not entirely invalid, the trial court must take reasonable steps to alleviate the burden of compliance, including allowing examination of business records or conditioning compliance upon the requesting party advancing the costs.


Holding

The trial court erred in ordering compliance with the burdensome interrogatory without taking reasonable steps to alleviate the burden. The court must either permit examination of the business records from which the information can be derived, or, if that is not viable and plaintiffs refuse to narrow the request, condition compliance upon plaintiffs advancing the expenses of compilation.


Headnotes

[1] A trial court abuses its discretion by ordering a party to answer an interrogatory that is unduly burdensome and oppressive without providing reasonable relief.

[2] When an interrogatory requests information derivable from business records, compliance may be satisfied by allowing the requesting party to inspect those records if the b…

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Key Quotes

“In its present form the interrogatory is burdensome and oppressive, and Mt. Sinai was entitled to some relief.”

Establishes that the interrogatory as written was improper, validating the defendant's burden objection.

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Facts & Procedural History

In a medical malpractice case, plaintiffs served an interrogatory requesting Mt. Sinai identify all doctors, residents, nurses, and therapists who had…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Mt. Sinai Medical Center petitions for a writ of certiorari to review two orders of the trial court directing it to answer certain interrogatories propounded by plaintiffs. We grant certiorari and quash the orders.

In this medical malpractice case plaintiffs propounded an interrogatory requesting defendant Mt. Sinai to provide the names, addresses, dates of service, and na ture of service performed by all doctors, residents, nurses, and therapists who had contact with plaintiff Elizabeth Perez-Tor-bay during a four-month hospitalization. Mt. Sinai objected that to compile the requested information would require a review of some 2,000 pages of hospital records, and would entail the tabulation of an extensive amount of information covering as many as 400 hospital personnel. Mt. Sinai asked that the interrogatory be eliminated entirely, or that it be reduced so as to specify particular dates or particular personnel. The trial court overruled the objections and directed Mt. Sinai to answer. By subsequent order the trial court ruled .that, in the event Mt. Sinai receives judgment in its favor then Mt. Sinai may move to tax as costs the expenses of responding to this interrogatory. Mt. Sinai then petitioned for certiorari.

In its present form the interrogatory is burdensome and oppressive, and Mt. Sinai was entitled to some relief. We do not agree with Mt. Sinai's contention that the trial court was obliged to strike the interrogatory in its entirety. However, having concluded that the information should be provided, and having declined to narrow the scope of the interrogatory, the trial court was obliged to take reasonable steps to alleviate the burden of compliance.

Rule 1.340(c), Florida Rules of Civil Procedure, contemplates that where interrogatory answers can be derived from business records, and where the burden of deriving the information is substantially the same for the party serving the interrogatory as for the party to whom it is directed, then compliance may be made by affording the requesting party the opportunity to examine the business records. If that is not a viable option, and if plaintiffs are unwilling to narrow the scope of their request, then compilation of the information should be conditioned upon plaintiffs’ advancing the expenses of compiling the interrogatory answers. See Fla.R.Civ.P. 1.280(c); Korneffel v. South Broward Hosp. Dist., 431 So. 2d 742 (Fla. 4th DCA 1983); Schering Corp. v. Thornton, 280 So. 2d 493 (Fla. 4th DCA 1973); see also North Miami Gen. Hosp. v. Royal Palm Beach Colony, Inc., 397 So. 2d 1033 (Fla. 3d DCA 1981). The rules contemplate that adjustment of the burden will ordinarily be done prior to the ordering of compliance.*

We therefore quash the orders under review and remand for further proceedings consistent herewith.

*

The trial court’s order indicates that the hospital’s expenses of compilation would be ruled on in accordance with the Uniform Guidelines for Taxation of Costs in Civil Actions. Those guidelines are applicable at best by analogy, and apparently leave open the possibility that the plaintiffs would be allowed later to argue that the expenses of compilation are not, in fact, reimbursable. Although post-trial reimbursement is inappropriate under the circumstances present here, the prospect of post-trial reimbursement may have been entirely illusory in any event.


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Citator

Cited By

  • Allstate Ins. Co. v. Hodges, 855 So. 2d 636 (Fla. 2d DCA 2003)
    …g to the interrogatories. It is appropriate for a court to require a party to post a bond to indemnify the producing party against the costs of discovery when the cost is unreasonable and unduly burdensome. Mt. Sinai Med. Ctr., Inc. v. Perez-Torbay, 555 So. 2d 1300, 1301 (Fla. 3d DCA 1990); Schering Corp. v. Thornton, 280 So. 2d 493, 494 (Fla. 4th DCA 1973). However, the bond requirement “must necessarily be a case by case decision under the applicable circumstances.” Schering, 280 So. 2d at 494; see also Rink…

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