RICHARD CRISWELL, PETITIONER,
v.
BEST WESTERN INTERNATIONAL, INC., ROBERT C. WILCOX, WATERFORD MANAGEMENT COMPANY, INC., AND VAN AUKEN MILLER, AIA, RESPONDENTS
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Plaintiff Criswell sought to compel discovery of information regarding accidents on a stairwell at a Best Western hotel subsequent to his own fall, to establish notice of a dangerous condition in his negligence action. The trial court denied his motion to compel, but the appellate court granted certiorari, quashed the order, and remanded with instructions to grant the discovery motion.
The court granted certiorari review, holding that an order denying discovery may be reviewed by petition for writ of certiorari when it causes irreparable harm. The court further held that the trial court's denial order departed from the essential requirements of law because the requested information regarding subsequent accidents was relevant and material to establish notice of a dangerous or defective condition.
[1] An order denying discovery may be reviewed by petition for writ of certiorari when the order will cause irreparable harm and plenary appeal will not afford adequate redre…
[2] Facts describing other accidents on a stairwell where a plaintiff was injured can be obtained only from the defendants.
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Join FLexlaw to unlock all legal intelligence“an order denying discovery will be reviewed by petition for writ of certiorari when the order will cause irreparable harm”
Establishes the standard for certiorari review of discovery orders
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Join FLexlaw to unlock all legal intelligenceCriswell filed a negligence action against Best Western and related defendants after falling down a stairwell on their premises, alleging negligent co…
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BASKIN, Judge.
Plaintiff Richard Criswell petitions for a writ of certiorari to quash an order of the trial court denying his motion to compel discovery. We grant the petition, quash the order and remand with instructions to grant petitioner’s motion to compel discovery.
Criswell filed an action against Best Western International, Inc., Robert Wilcox, Waterford Management Company, Inc., Van Auken Miller, AIA, [collectively “defendants”] seeking damages for injuries Criswell suffered when he fell down a stairwell on Best Western’s premises. Criswell asserted that the stairwell was negligently constructed and maintained. During the course of discovery, Criswell served defendants with requests to produce1 and interrogatories2 designed to elicit information regarding accidents on the stairwell subsequent to the date of Criswell’s fall. Cris-well sought the information to prove his negligent construction case. The defendants objected to these requests on the grounds that they were irrelevant and immaterial. Cris-well moved to compel answers to these requests; the trial court denied the motion. Criswell seeks certiorari review.
According to Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097, 1098 (Fla.1987), “common law certiorari is an extraordinary remedy and should not be used to circumvent the interlocutory appeal rule which authorizes appeal from only a few types of non-final orders.” However an order denying discovery will be reviewed by petition for writ of certiorari when the order will cause irreparable harm. Ruiz v. Steiner, 599 So. 2d 196 (Fla. 3d DCA 1992); Carroll Contracting, Inc. v. Edwards, 528 So. 2d 951, 953 (Fla. 5th DCA), review denied, 536 So. 2d 243 (Fla.1988). The matter before us presents such a case: plenary appeal will not afford Criswell adequate redress.
Here, as in Carroll Contracting, there is no substitute for the information Criswell seeks. Facts describing other accidents on the stairs where Criswell was injured can be obtained only from defendants, see Colonial Penn Ins. Co. v. Blair, 380 So. 2d 1305 (Fla. 5th DCA 1980), and on plenary appellate review, there would be no practical way of determining what information in defendants’ possession would have been available to Cris-well and no way of evaluating how the information would have affected the case. Ruiz; Travelers Indent. Co. v. Hill, 388 So. 2d 648 (Fla. 5th DCA 1980).
Moreover, although a trial court has broad discretion in denying discovery motions, American S. Co. v. Tinter, Inc., 565 So. 2d 891 (Fla. 3d DCA 1990), the order in this case exceeds that broad scope, and departs from the essential requirements of law. Contrary to defendant’s assertion, the information Criswell seeks is neither irrelevant, nor immaterial to his case. Here, the condition remained unchanged; accident reports, preceding and postdating a plaintiffs injury, can be used to establish notice of a dangerous or defective condition. Liberty Mut. Ins. Co. v. Kimmel, 465 So. 2d 606 (Fla. 3d DCA 1985).
Based on the foregoing reasoning, we grant the petition for writ of certiorari, issue the writ and quash the order under review. We remand the case with instructions to enter an order compelling defendants to produce the requested discovery.
Certiorari granted; order quashed; remanded with instructions.
. The Request to Produce stated:
1. A copy of any complaint filed in any court of law concerning the fall and death of [name deleted] at the Best Western in Key Largo on or about July 6, 1992.
2. A copy of any incident report prepared by any employee of Best Western in Key Largo concerning the fall and death on or about July 6, 1992.
. The Interrogatory requested:
8. The names, addresses, dates of incidents, of all individuals who have fallen or injured themselves on interior stairs/staircases at Best Western in Key Largo, subsequent to Plaintiffs fall, and describe how the individual fell and what, if any, legal action has been taken. (If Defendant objects to this interrogatory, Defendant is instructed to list the specific objections to interrogatory.)
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Dusan Sabol, M.D. v. Bennett, 672 So. 2d 93 (Fla. 3d DCA 1996)…uld be or how it would affect the result.” Medero v. Florida Power & Light Co., 658 So. 2d 566, 567 (Fla. 3d DCA 1995) (quoting Travelers Indemnity Co. v. Hill, 388 So. 2d 648, 650 (Fla. 5th DCA 1980)); see also Criswell v. Best Western Int'l, Inc., 636 So. 2d 562, 563 (Fla. 3d DCA 1994); Ruiz v. Steiner, 599 So. 2d 196 (Fla. 3d DCA 1992). Petitioners correctly point out that Boudreau is a material witness on both liability and damage issues. She was with Bennett when he was seen by Sabol in July of 1992, she…
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Anderson v. Vander Meiden, 56 So. 3d 830 (Fla. 2d DCA 2011)…e after judgment how the requested discovery would have affected the outcome of the proceedings. See Bush v. Schiavo, 866 So. 2d 136, 140 (Fla. 2d DCA 2004); Beekie v. Morgan, 751 So. 2d 694, 698 (Fla. 5th DCA 2000); Criswell v. Best W. Int’l, Inc., 636 So. 2d 562, 563 (Fla. 3d DCA 1994). Giacalone, 8 So. 3d at 1234-35 (footnote omitted). Based on the specific facts of this case, we believe that Anderson has established irreparable harm. Sections 46.015(2) and 768.041(2), Florida Statutes (2008), provide th…
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Kaye Scholer LLP v. Zalis, 878 So. 2d 447 (Fla. 3d DCA 2004)…ari, remand with instructions to quash the order denying the motion to compel discovery, and find the respondents have waived any claims of privilege. See TIG Ins. Corp. of America v. Johnson, 799 So. 2d at 339; Criswell v. Best Western Int’l, Inc., 636 So. 2d 562 (Fla. 3d DCA 1994). The respondents are ordered to promptly produce all documents responsive to the document request. Further, on remand, the trial court shall conduct a hearing to determine a reasonable amount of attorney’s fees to be paid by the r…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla. 1987)
- Ruiz v. Leonard Steiner, M.D., 599 So. 2d 196 (Fla. 3d DCA 1992)
- Brevard Cnty. & the Bd. of Cnty. Comm'rs of the Cnty. of Brevard v. Kimball, 388 So. 2d 648 (Fla. 5th DCA 1980)
- Travelers Indem. Co. v. Hill, 388 So. 2d 648 (Fla. 5th DCA 1980)
- Colonial Penn Ins. Co. & John Larocca v. Blair, 380 So. 2d 1305 (Fla. 5th DCA 1980)
- Carroll Contracting, Inc. v. The Honorable William F. Edwards, 528 So. 2d 951 (Fla. 5th DCA 1988)
- Liberty Mut. Ins. Co. v. Kimmel, 465 So. 2d 606 (Fla. 3d DCA 1985)
- Sanders v. State, 565 So. 2d 891 (Fla. 3d DCA 1990)
- Tamiami Range & GUN Shop, Inc. v. Weissman, 565 So. 2d 891 (Fla. 3d DCA 1990)