Dade County Injury Lawyers: Photographs for K-Mart.
In a recent case, the appellate court overturned the lower court’s order and ordered that photographs that were taken in 1998 depicting the accident site and slippery floor were subject to discovery and not work product and that the Plaintiff had to turn this evidence over to the defense. K-Mart has demonstrated exceptional circumstances and its inability to obtain the materials by other means. K-Mart has shown the photographs are relevant and material, there is no other means of obtaining them, and the photographs are the best evidence depicting the accident site. And since K-Mart cannot recreate the accident site 10 years later, and the Plaintiff could not show how giving this information to K-Mart would adversely affect his case, the appellate court granted K-Mart’s petition to quash the lower court’s order.
