In Hankerson v. Wiley, 154 So. 3d 511 (Fla. 4th DCA 2015), the trial court allowed the plaintiff to see a surveillance video taken of him post-accident before his deposition. The defendant appealed the ruling. The Fourth District of Appeal agreed with the defendant, finding that the trial court abused its authority when it permitted a plaintiff to view a post-accident surveillance video before allowing a defendant to depose the plaintiff. The basis of the ruling was “because the benefit of the surveillance video may be irreparably lost if the plaintiff is permitted to view [it] before [the defendant] has an opportunity to question her, irreparable harm …has been shown”
So what does that mean to our clients? A defendant can use surveillance materials to question our client’s claim in their deposition by allowing the defendant to depose the video-taped plaintiff after the video has been taken but before its contents are viewed by our client or by our office.
To read the full opinion, click here: http://www.4dca.org/opinions/Jan%202015/01-07-15/4D14-4207.op.pdf