JOSEPH MULLER, PETITIONER,
v.
WAL-MART STORES, INC., A FOREIGN FOR PROFIT CORPORATION; NORDEL CONTRERAS, INDIVIDUALLY; AND SELECT SPACE LOGISTICS COMPANY, RESPONDENTS
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The court held that a trial court must conduct an in camera examination to segregate relevant from irrelevant information when a party asserts a constitutional right to privacy in response to a discovery request for sensitive records.
[1] A trial court must conduct an in camera review to determine the relevance of requested materials when a party asserts a constitutional right to privacy against a discover…
[2] Compelled disclosure through discovery must be limited to that which is necessary to determine contested issues, particularly when a constitutional right to privacy is in…
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Join FLexlaw to unlock all legal intelligencePlaintiff Muller sued Wal-Mart for injuries sustained when struck by a Wal-Mart truck. Wal-Mart sought Muller's military records, which Muller opposed…
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Joseph Muller seeks certiorari review of a discovery order compelling the production of his military records in Muller’s negligence action against Wal-Mart and Wal-Mart employee Nordel Contreras.1 Muller argues that the circuit court departed from the essential requirements of the law in requiring the disclosure of his military records without conducting an in camera examination to segregate the relevant documents from the private, irrelevant documents. We agree and grant the petition.
Muller initiated the underlying action in December 2012 after he was struck by a truck belonging to Wal-Mart and driven by Contreras at a Wal-Mart Distribution Center. In his complaint, Muller sought damages for permanent bodily injury, pain and suffering, aggravation of pre-existing conditions or physical defects, disability or physical impairment, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life, medical expenses, and loss of earnings and earning capacity.
The discovery revealed that Muller had served in the Army in an infantry regiment for eleven years before being honorably discharged in 1993. Muller, who had served in Berlin, Korea, and Iraq, disclosed that he had sustained three injuries while in the military but asserted that he was not seeking damages for the aggravation of any of his military injuries. In an additional discovery request, Wal-Mart requested that Muller provide the following documents: (1) an “undeleted” DD Form 214,2 (2) Muller’s entire military personnel file, and (3) Muller’s military medical records.
Muller filed an objection and supporting memorandum asserting, among other things, that the request was an invasion of his right to privacy under article I, section 23, of the Florida Constitution and sought *750irrelevant information. Muller requested that the court, at a minimum, conduct an in camera inspection prior to compelling the production of the records. In a motion to compel, Wal-Mart argued that the discovery was necessary to defend against Muller’s claims for damages and to determine his capacity to hear, observe, and understand his surroundings at the time of the accident. The magistrate entered an order in which it recommended granting Wal-Mart’s discovery request, and the circuit court entered an order adopting the recommendation.
‘“The right of privacy set forth in article 1, section 23, of the Florida Constitution undoubtedly expresses a policy that compelled disclosure through discovery be limited to that which is necessary for a court to determine contested issues.’ ” Ryan v. Landsource Holding Co., LLC, 127 So.3d 764, 767 (Fla. 2d DCA 2013) (quoting Rappaport v. Mercantile Bank, 17 So.3d 902, 906 (Fla. 2d DCA 2009)). When a party challenges a discovery order by asserting a constitutional right to privacy, the trial court must conduct an in camera review to determine whether the requested materials are relevant to the issues in the underlying action. James v. Veneziano, 98 So.3d 697, 698 (Fla. 4th DCA 2012). An order directing the production of such records without the required determination may cause irreparable harm that cannot be remedied on direct appeal and is properly renewable by certiorari. Id.
While Wal-Mart may be correct that Muller’s military records likely contain evidence that will assist Wal-Mart in defending against Muller’s claims, Muller’s military records also likely contain information that is not relevant to his claims but would be highly intrusive to his privacy interests if disclosed. See Walker v. Ruot, 111 So.3d 294, 295-96 (Fla. 5th DCA 2013) (discussing a petitioner’s potential privacy interests in his personnel file). The irrelevant documents containing this information must therefore be segregated from any relevant documents that are discoverable. See id. at 296.
Accordingly, the circuit court departed from the essential requirements of the law by compelling Muller to produce the unde-leted DD Form 214, his entire military personnel file, and all of his military medical records without first conducting an in camera inspection. We therefore grant the petition for writ of certiorari and quash the discovery order. On remand the court should conduct an in camera inspection and segregate any private documents that are not relevant to Muller’s negligence action from the relevant documents.
Petition granted.
ALTENBERND and BLACK, JJ., Concur.
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Wharran v. Suen Anghara Morgan, 351 So. 3d 632 (Fla. 2d DCA 2022)…by the pleadings. Diaz-Verson v. Walbridge Aldinger Co., 54 So. 3d 1007, 1011 (Fla. 2d DCA 2010). By conducting an in camera inspection, a trial court can segregate irrelevant documents from relevant documents. See Muller v. Wal-Mart Stores, Inc., 164 So. 3d 748, 750 (Fla. 2d DCA 2015) (quashing discovery order and remanding for the trial court to conduct an in camera review of a military personnel file and medical records to "segregate any private documents that are not relevant to Muller's negligence acti…
Authorities Cited
- Rappaport v. Mercantile Bank, 17 So. 3d 902 (Fla. 2d DCA 2009)
- James v. Cassondra Veneziano, 98 So. 3d 697 (Fla. 4th DCA 2012)
- Ryan v. Landsource Holding Co., LLC, 127 So. 3d 764 (Fla. 2d DCA 2013)
- Walker v. Ruot, 111 So. 3d 294 (Fla. 5th DCA 2013)