• Surveillance of the Incident: What Time Is the Right Time for Production?
  • September 2, 2015 | Authors: Michael L. Forte; Joseph A. Regalado
  • Law Firm: Rumberger, Kirk & Caldwell Professional Association - Tampa Office
  • Since the Florida Supreme Court decided Dodson v. Persell in 1980, the law has been well-settled that surveillance videos and photographs are discoverable in a personal injury to the extent those items will be used at trial.1 However, where surveillance exists of the incident at issue in the lawsuit, defendants generally object to producing the footage at least until after the plaintiff’s deposition. Conversely, plaintiff attorneys argue they are entitled to the footage before the plaintiff is deposed. Florida courts have provided inconsistent rulings on the issue of when this type of surveillance must be produced. This article outlines those rulings and provides recommendations for defendants.