McLane Foodservice, Inc. v. Wool
In a negligence suit, the trial court compelled the deposition of McLane's current President despite her affidavit disclaiming unique personal knowledge. The Third District granted certiorari and quashed the order, holding that once the corporate officer's high-level status and a sufficient affidavit are established under Rule 1.280(h), the plaintiff must show exhausted, inadequate discovery and unique personal knowledge — and the plaintiff here never deposed the other employees identified as more knowledgeable.
Key facts
- McLane Foodservice, Inc., a corporation represented by its President, was sued in negligence by Wool; the trial court compelled the President's deposition despite her affidavit disclaiming unique personal knowledge of discoverable facts.
- The President's affidavit identified other employees with greater familiarity regarding the subject documents and delivery practices, and Wool never deposed those employees or challenged the sufficiency of the President's affidavit.
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Why it matters
A clean, citable Third DCA application of the codified apex doctrine (Rule 1.280(h), moving to 1.280(i) effective January 1, 2025), reinforcing that the requirements of the rule are 'clearly established principles of… — full analysis with a trial
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