A woman allegedly slipped, fell and was seriously injured while shopping at the Sawgrass Mills Mall in South Florida. To recover damages for her injuries, she filed a lawsuit against mall services and ownership.
During the discovery phase of litigation, plaintiff sought certain documents from defendants pertaining to similar prior instances at that location. While trial court granted the request, Florida’s Fourth District Court of Appeal reversed in Millard Mall Services, Inc. v. Bolda, agreeing with defendants that the information was protected under the work product privilege.
Specifically, plaintiff sought production of:
–All records, incident reports or other written memorandum regarding other substantially similar acts and/or occurrences on defendant’s premises regarding slip-and-fall accidents over the three years prior;
–All documents regarding maintenance and cleaning the site during the month in which the incident occurred;
–All documents pertaining to the maintenance and cleaning of the site by an outside person/company/organization during that year.
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