DiMeglio v. Briggs-Mugrauer’s Empirical Analysis

Citation profile

3 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Rule 1.280(b)(4)(B) ] indicates that a party may discover the facts known by and opinions held by an expert employed by another party in anticipation of litigation or for trial preparation purposes and who is not expected to be called as a witness at trial as provided in rule 1.360(b). Rule 1.360(b) provides that where a party is examined by a medical expert employed by the other party, that party is entitled to certain discovery. In the present case, the examination was performed pursuant to contract and prior to the commencement of suit. We hold, however, that rule' 1.360 applies in this type of situation. Rule 1.360(a)(1) states that “[a] party may request any other party to submit to, or produce a person in that other party’s control for, examination by a qualified expert when the condition that is the subject of the requested examination is in controversy.” Once Dimeglio filed a claim, his physical condition, visa-vis any injuries that may have been caused by the automobile accident, was a condition in controversy. Rule 1.360(b)(3) states that the rule applies to “examinations made by agreement of the parties unless the agreement provides otherwise.” In the present case, the parties agreed that Dimeglio, if he were to make a claim, was to be examined by State Farm’s physicians.”

   1 later decision quote this exact passage · from the majority
   e.g. Cooney v. Pearl