Business Telecommunications Services, Inc. v. Madrigal
A personal injury defendant sought certiorari to quash an order compelling production of a date-of-accident surveillance video before the plaintiff's deposition. The Third District denied the petition, holding that Dodson v. Persell's rule permitting a surveilling party to depose the filmed party before producing surveillance material applies to post-accident surveillance of a claimant, not to video of the incident itself taken on the date of the accident.
Key facts
- Business Telecommunications Services, Inc., a personal injury defendant, sought certiorari to quash a trial court order compelling production of a date-of-accident surveillance video before the plaintiff's deposition.
- The video at issue was recorded on the date of the alleged incident by a camera at the scene, before the defendant had notice of any claim.
- +2 more key facts with a free trial
Why it matters
Plaintiffs' counsel can cite this to compel pre-deposition production of store/scene security video of the incident itself, distinguishing the common Dodson defense argument. The opinion expressly notes the conflicting… — full analysis with a trial
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