Wicky v. Oxonian
34 Fla. L. Weekly D 1612 (Fla. 2nd DCA 2009) (August)
A defendant passed out while driving and struck the decedent’s vehicle. The decedent’s personal representative brought suit against the defendant for wrongful death. The personal representative filed a request to test the defendant’s blood for chemicals included in cold medication, and the trial judge granted the request. The district court reversed holding that the request did not satisfy Florida Rule of Civil Procedure 1.360 (“Examination of the Person”). In order to satisfy that rule, a party would have to show good cause for the request and show that there is a controversy regarding the subject of the request. The representative in this case failed to present evidence showing how the presence of cold medication would affect the defendant’s negligence.