Seaboard Air Line R. Co. v. Timmons

• Decision Date: 14 November 1952
• Parties: SEABOARD AIR LINE R. CO. v. TIMMONS.
• Court: Florida Supreme Court

Page 426

61 So.2d 426

SEABOARD AIR LINE R. CO. v. TIMMONS.

Supreme Court of Florida, Special Division A.

Nov. 14, 1952.

Charles R. Scott, William L. Durden and Fleming, Jones, Scott & Botts, Jacksonville, for petitioner.

Bedell & Bedell, Jacksonville, for respondent.

ROBERTS, Justice.

Plaintiff-respondent brought an action under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., to recover for personal injuies alleged to have been sustained by reason of the defendant-petitioner's failure to furnish plaintiff with a safe place to work and suitable tools and applicances. The defendant pleaded in defense of the plaintiff's claim a release executed by the plaintiff, in reply to which the plaintiff raised the issues of fraud, undue influence, misrepresentation and inadequacy of consideration in connection with the obtaining of the release from the plaintiff.

Plaintiff took the deposition of the defendant's claim agent, and then filed a motion for an order requiring defendant to produced the following documents: (1) preliminary report of accident made by superintendent or department head to higher authority on or about May 26, 1951; (2) all reports, memoranda, and letters by Claim Agent E. H. Henson to higher authority with respect to plaintiff's injury and settlement of plaintiff's claim; (3) all correspondence and memoranda received by Claim Agent E. H. Henson from higher authority including but not limited to the correspondence authorizing Claim Agent E. H. Henson to settle plaintiff's claim for $850; (4) any and all letters, correspondence and memoranda upon which Claim Agent E. H. Henson based his statement to plaintiff that plaintiff's claim 'was not a case of legal liability as far as we were concerned;' and (5) all medical reports received by the defendant with respect to plaintiff's injuries. The motion stated that 'The defendant has the possession, custody or control of the foregoing documents. Such documents contain or may contain evidence relevant and material to the matter involved in this action. Reference to all of the foregoing documents except such documents as may be included under paragraph 4 were referred to by Claim Agent E. H. Henson in his deposition taken in the above styled cause on April 26, 1952.' The motion was granted, and an order requiring the production of all such documents was entered, except that the defendant was not required to produce any statements made by witnesses of the accident. The defendant seeks a review of such order by petition for writ of certiorari. The propriety of this remedy to review such an order is well settled. Kilgore v. Bird, 149 Fla. 570, 6 So.2d 541, and Atlantic Coast Line R. Co. v. Allen, Fla., 40 So.2d 115.

Rule 27 of the Florida Common Law Rules, 30 F.S.A., provides that 'Upon motion of any party showing good cause therefor * * * the court in which an action is pending may (1) order any party to produce and permit the inspection and copying or photographing, by or on behalf of the moving party, of any designated documents, papers, books, accounts, letters, photographs, objects, or tangible things, not privileged, which constitute or contain evidence relating to any of the matters within the scope of the examination permitted by Rule 20(b) and which are in his possession, custody, or control; * * *.' Under Rule 20(b), 'the deponent may be examined regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action'.

Since the decisions of this court in Atlantic Coast Line R. Co. v. Allen, supra, Miami Transit Co. v. Hurns, Fla., 46 So.2d 390, and Lang v. Harris, Fla., 54 So.2d 120 it is settled that a party is not entitled, as of right, under Rule 27, or any other rule, to inspect the statements, memoranda, and other documents constituting the 'work product' of the opposing party as to the matter which is the subject of the litigation such as (1) written statements of witnesses relating to the occasion on which the injury occurred; (2)...