Heather Worley v. Central Florida Young Men's Christian, etc.
228 So. 3d 18
Fla.2017Background
- Worley was injured in a slip-and-fall at YMCA and sought damages, including medical expenses.
- YMCA sought discovery of any referral relationships between Worley’s attorneys (Morgan & Morgan) and Worley’s treating physicians.
- Trial court ordered Worley to produce documents and identify referral relationships between the firm and physicians; some requests were deemed overbroad and burdensome.
- Fifth District denied Worley’s certiorari and held that asking Worley if counsel referred her to doctors was permissible discovery.
- This Court quashes the Fifth District decision and holds the attorney-client privilege protects the referral question, approving the Second District’s approach.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether attorney-client privilege protects disclosure of attorney referrals to physicians | Worley argues referrals are privileged communications | YMCA contends such discovery is permissible to show bias | Yes; the privilege protects the referral question |
Key Cases Cited
- Allstate Ins. Co. v. Boecher, 733 So.2d 993 (Fla. 1999) (discovery of financial relationships to show bias permissible under Boecher)
- Brown v. Mittelman, 152 So.3d 602 (Fla. 4th DCA 2014) (financial relationship between treating doctor and plaintiffs’ attorneys relevant to bias)
- Lytal, Reiter, Smith, Ivey & Fronrath, L.L.P. v. Malay, 133 So.3d 1178 (Fla. 4th DCA 2014) (law firm’s financial relationship with a doctor is discoverable on bias)
- Steinger, Iscoe & Greene, P.A. v. GEICO, Gen. Ins. Co., 103 So.3d 200 (Fla. 4th DCA 2012) (discovery of financial bias of treating physician allowed)
- Allstate Ins. Co. v. Krawzak, 675 So.2d 115 (Fla. 1996) (recognition of bias inquiry in witness credibility)
- Elkins v. Syken, 672 So.2d 517 (Fla. 1996) (limits on invasive discovery of expert financials; context for balancing privacy vs. truth-seeking)