Millard Mall Services, Inc. v. Bolda

I disagree with the majority opinion that the Quarterly Safety Reports were protected work product. These reports were used to promote safety and to determine whether proper maintenance was being done at the mall. The reports, as opposed to individual incident reports, were not made in anticipation of litigation: See, e.g., Liberty Mut. Fire Ins. Co. v. Bennett, 883 So.2d 373, 374 (Fla. 4th DCA 2004) (documents are not work product unless they are prepared when the probability of litigation is “substantial and imminent”), quashed on other grounds by Liberty Mut. Fire Ins. Co. v. Bennett, 905…