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Florida Fifth DCA rules that defendant waived work product privilege by allowing corporate representative to testify about content of privileged documents

On August 7, 2020, in Quest Diagnostics Incorporated v. Hall, No. 5D20-255, the Florida Fifth DCA denied a defendant’s certiorari petition which sought to overturn a circuit court order requiring in-camera  inspection of documents sought by the plaintiff in a motor vehicle negligence case.  The plaintiff sued Quest Diagnostics for the alleged negligence of Quest’s courier employee.  During discovery, the plaintiff served a request to produce on Quest seeking copies of any handwritten or transcribed statements by the courier and any company incident reports about the accident.  Quest claimed work product privilege, but the plaintiff claimed that the work product privilege had been waived when Quest’s corporate representative testified in deposition about the contents of the requested documents. The Fifth DCA cited Tumelaire v. Naples Estates Homeowners Ass’n, 137 So. 3d 596, 599 (Fla. 2d DCA 2014) (“[v]oluntary disclosure of alleged work product waives work-product privilege where that disclosure is inconsistent with maintaining secrecy from the disclosing party’s adversary”)