${site.data.firmName}${SEMFirmNameAlt}
Call For A Free Consultation With Local Attorneys
850-659-2252

Pre-existing Injuries And Personal Injury Claims

This year, Florida's Second District Court of Appeal weighed in on whether or not a pre-existing injury unrelated to a car accident was relevant and discoverable by the defendant. In Muller vs. Walmart Stores, the plaintiff alleged he sustained an injury at a distribution center when he was struck by a truck owned by Walmart and driven by one of it's employees. During discovery (the information gathering phase of the case), plaintiff revealed he had served in the U.S. army and had three different injuries in that time period. The plaintiff stated that he was not asking money for the aggravation of those prior injuries. Regardless, the defendant requested the plaintiff's entire military personnel file, some of which is classified as sensitive information. The plaintiff argued these records were irrelevant to the case at hand. The trial court granted the defendant's request, but the appellate court reversed. The appellate court found that, while there may be relevant information in the plaintiff's military records, the records also contain a lot of information that would not be pertinent to the present case. Thus, permitting the defendant access to the records would be "highly intrusive to [the plaintiff's] private interests." Consequently, the case was remanded (sent back) to the trial court, so that the trial court could receive the military file, review it, and only disclose the relevant documents to the defendant. Muller vs. Walmart Stores Inc., 164 So.3d 748(Fla. 2nd DCA 2015)

To read the appellate decision: http://caselaw.findlaw.com/fl-district-court-of-appeal/1701679.html

No Comments

Leave a comment
Comment Information

Father And Son Team Working Together To Serve Our Clients

Our legal team consists of attorney Wm. Dennis Brannon and his son C. Paul Brannon. We work together as a father and son team to provide our clients with exceptional service and solutions in motor vehicle accident claims and other personal injury matters.

Contact Us Today
Email Us For A Response

We Handle Cases on a Contingency Fee Basis Tell Us About Your Case - Free Consultations

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Fort Walton Beach
975 Mar Walt Drive
Fort Walton Beach, FL 32547

Phone: 850-659-2252
Fax: 850-864-4526
Fort Walton Beach Law Office Map

Defuniak
544 US Highway 90 East
Defuniak Springs, FL 32433

Phone: 850-659-2252
Fax: 850-864-4526
Map & Directions

Crestview
204 North Main Street
Crestview, FL 32536

Phone: 850-659-2252
Phone: 850-398-8776
Fax: 850-864-4526
Crestview Law Office Map