458 So. 2d 311 | Fla. Dist. Ct. App. | 1984
Epoch Properties manages certain apartments and has liability insurance with Continental Casualty Company. A burglary and sexual assault occurred at the apart
We deny the petition for writ of certiora-ri. Under the circumstances of this case the State’s right to obtain evidence for use in a criminal case is more important to society and the public interest than petitioners' work product privilege which is based on a court approved civil rule of procedure.
The petition for writ of certiorari is
DENIED.
. The trial court found that the liability insurer, in anticipation of litigation, employed the independent adjusting agency to investigate the assault; based on this finding we have assumed that Maguire’s records of investigation and the statements of witnesses were work product. Cf. Selected Risks Insurance Co. v. White, 447 So.2d 455 (Fla. 4th DCA 1984).
. Fla.R.Civ.P. 1.280(b)(2). See generally Imparato v. Spicola, 238 So.2d 503 (Fla. 2d DCA 1970).
. Cf. Briggs v. Salcines, 392 So.2d 263 (Fla. 2d DCA 1980).
. If the rape victim sues the apartment manager in negligence and she is unable without undue hardship to obtain the substantial equivalent of Siplin’s relevant statement by other means, she may be entitled to it although work-product. See Fla.R.Civ.P. 1.280(b)(2).