Insurance - Evidence - Witnesses - Insurer's designated corporate representative lacked personal knowledge required to testify as fact witness where representative only reviewed documents created by others after litigation was initiated - Representative may testify as records custodian upon showing that requirements of section 90.803(6) are met -

FLWSUPP 3109WILL

A.J. WELLS ROOFING & CONSTRUCTION, a/a/o Mavis Williams, Plaintiff, v. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. Circuit Court, 4th Judicial Circuit in and for Duval County, Civil Division. Case No. 2022-CA-000052. November 7, 2023. Robert M. Dees, Judge. Counsel: Charles P. Pearson and Dale S. Shelton, Shelton Law, PLLC, Tallahassee, for Plaintiff. Sylvie Rampal, Senior Associate General Counsel, Fort Lauderdale, for Defendant.

ORDER ON PLAINTIFF’S MOTION IN LIMINE

This cause came before the Court upon Plaintiff’s Motion in Limine to Exclude and Limit the Testimony of Defendant’s Names Witnesses¹ and having reviewed the record and heard this matter on October 11, 2023, and again at the pre-trial conference on October 31, 2023, this Court ORDERS as follows:

This Court GRANTS Plaintiff’s motion in limine, as follows:

1. Regarding Jimmy Casas as Defendant’s corporate representative:

a. This Court finds that Defendant’s corporate representative, Jimmy Casas, does not have personal knowledge relating to the facts of the insurance claim underlying this litigation, as Mr Casas did not participate in handling the insurance claim but rather only reviewed documents created by others after litigation was initiated.

b. Following the precedent set forth in Mesa v. Citizens Property Insurance Corporation, 358 So. 3d 452 (Fla. 3d DCA 2023) [48 Fla. L. Weekly D465a], which considered the legal question at hand, this Court rules that reviewing documents does not confer upon the reviewer ‘personal knowledge’ as required by Florida Statute § 90.604 and that the corporate representative designation under Florida Rule of Civil Procedure 1.310(b)(6) does not constitute an exception to the evidence code’s personal knowledge requirement.

c. Considering the foregoing, this Court rules that Jimmy Casas, Defendant’s corporate representative, is precluded from testifying as a fact witness.

2. Regarding Jimmy Casas as Defendant’s records custodian: Defendant may call Jimmy Casas as Defendant’s records custodian under Florida Statutes § 90.803(6), but only for the purpose of authenticating documents and subject to Defendant’s showing at trial that the requirements of Florida Statutes § 90.803(6) have been met.

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¹Dckt. 48.* * *

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