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Gwendolyn Hankerson v. Nicole Wiley, Case No. 4D14-4207 (4th DCA)

In Hankerson, the Fourth District creates a bright line rule against production of post-accident surveillance videos prior to a plaintiff's deposition. The defendant in the case sought certiorari review of an order permitting the plaintiff to view a post-accident surveillance video before a deposition. "Because the benefit of the surveillance video may be irreparably lost if the plaintiff is permitted to view the video before Hankerson has an opportunity to question her, irreparable harm for certiorari jurisdiction has been shown." The Fourth District found that the trial court's order departed from the essential requirements of the law, noting that under Dodson v. Persell, "fairness requires that a defendant be permitted to depose the plaintiff before turning over a surveillance video." The Fourth District agreed with the Third District's application of Dodson, which has had the effect of creating a bright line rule. Finding that a bright line rule would impose uniformity and avoid disparate rulings, the Fourth District determined that a trial court abuses its discretion where it permits a plaintiff to view a post-accident surveillance video before allowing a defendant to depose the plaintiff.

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