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Florida Second DCA holds that personal injury defendant was required to disclose information concerning the financial relationship between the defendant’s insurer, expert witnesses and the law firm defending them

On January 3, 2020, in Tortorella-Andrews v. Delvecchio, No. 2D19-844, the Florida Second DCA issued a per curiam denial of a writ for certiorari that had been filed by a defendant in a personal injury lawsuit seeking to prevent the compelled disclosure of information concerning the financial relationship between the defendant’s insurer, expert witnesses and the law firm defending them. The defendant sought to prevent this disclosure based on an extension of the reasoning of Worley v. Central Florida Young Men’s Christian Ass'n, 228 So. 3d 18 (Fla. 2017), which holds that the attorney-client privilege bars compelled disclosure of whether the plaintiff’s lawyer referred the plaintiff to a treating physician. The Second DCA cited a Third DCA decision, Angeles-Delgado v. Benitez, 44 Fla. L. Weekly D2278, 2019 WL 4281736 (Fla. 3d DCA Sept. 11, 2019), which similarly declined to extend Worley to a situation such as this. The Second DCA also cited similar decisions from the Fourth and Fifth DCAs, which have both been accepted for review by the Florida Supreme Court. See Dodgen v. Grijalva, 44 Fla. L. Weekly D1617, 2019 WL 2608343 (Fla. 4th DCA June 26, 2019) review granted, SC19-1118, 2019 WL 4805833 (Fla. Oct. 1, 2019); Younkin v. Blackwelder, 44 Fla. L. Weekly D549, 2019 WL 847548 (Fla. 5th DCA Feb. 22, 2019), review granted, SC19-385, 2019 WL 2180625 (Fla. May 21, 2019).

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