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Alerts & Publications

Thursday, January 29, 2015

A Claimant May Be Deposed Before Shown Surveillance Materials

By: Esther E. Galicia

The Fourth District in Hankerson v. Wiley, --- So. 3d ----, 2015 WL 71735, 40 Fla. Law Weekly D195 (Fla. 4th DCA Jan. 7, 2015), aligned itself with recent Third District decisions and quashed a trial court order which permitted the plaintiff to view a post-accident surveillance video before her deposition.

The Hankerson court agreed that “a trial court abuses its discretion where it permits a plaintiff to view a post-accident surveillance video before allowing a defendant to depose the plaintiff.” Id. at *1.

In other words, a defendant should be permitted to use surveillance materials to establish inconsistencies in a plaintiff’s claim by allowing the defendant to depose the video-taped plaintiff after the video has been taken but before its contents are presented to the plaintiff.

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