KARLYNN BLAGROVE, PETITIONER,
v.
JAMES SMITH, RESPONDENT
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.
The court held that the trial court did not abuse its discretion in ordering independent medical examinations in Tampa, Florida, as the location was reasonable.
Plaintiff in a personal injury action objected to independent medical examinations being conducted in Tampa, Florida, arguing Hernando County was the …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Florida Rule Of Civil Procedure 1.360 cases and more on FLexlaw
DAUKSCH, Judge.
Karlynn Blagrove, plaintiff in a personal injury action involving an automobile accident, seeks certiorari review of an interlocutory order granting respondent James Smith’s request for independent examinations in Tampa, Florida. Plaintiff objected to respondent’s request on the basis that Her-nando County is where the action is pending and the site of the accident, as well as her residence and where her medical providers are located.
Plaintiff seeks damages for physical and non-physical injuries she received as a result of the automobile accident. Respondent therefore has good cause for requesting independent examinations pursuant to Florida Rule of Civil Procedure 1.360. See Dominique v. Yellow Freight System, Inc., 642 So. 2d 594 (Fla. 4th 1994 DCA), rev. den., 651 So. 2d 1193 (Fla.1995).
The request for an independent examination must specify a reasonable place. See Fla. R. Civ. P. 1.360(a)(1)(A). This case is distinguishable from Tsutras v. Duhe, 685 So. 2d 979 (Fla. 5th DCA 1997) where this court quashed an order requiring a nonresident plaintiff from Virginia to travel to Florida to submit to independent examinations. As Hernando County and Hillsborough County are geographically close to one another, the trial court did not abuse its discretion in finding that respondent’s request was reasonable. Cf. McKenney v. Airport Rent-A-Car, Inc., 686 So. 2d 771 (Fla. 4th DCA 1997). Because the trial court did not depart from the essential requirements of law, the petition for certiorari is denied.
PETITION DENIED.
W. SHARP and GOSHORN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Scales v. Swill, 715 So. 2d 1059 (Fla. 5th DCA 1998)…s that the request for an examination must specify a reasonable place. Courts have upheld rulings requiring parties to travel outside their home counties. See McKenney v. Airport Rent-A-Car, 686 So. 2d 771 (Fla. 4th DCA 1997). In Blagrove v. Smith, 701 So. 2d 584 (Fla. 5th DCA 1997), this court approved the trial court’s ruling that a'plaintiff in a personal injury action must travel from Hernando County to Tampa in Hillsborough County for the independent examination. We concluded this was not unreasonable b…1 / 2
Authorities Cited
- Dominique v. Yellow Freight Sys., Inc., 642 So. 2d 594 (Fla. 4th DCA 1994)
- Zwibelman v. Zwibelman, 686 So. 2d 771 (Fla. 3d DCA 1997)
- Helene Smith v. State, 685 So. 2d 979 (Fla. 4th DCA 1997)
- Tsutras v. Duhe, 685 So. 2d 979 (Fla. 5th DCA 1997)