Limitation on Corporate Representative Testimony

MARIA MESA, et. al. v. CITIZENS PROPERTY INS. CORP., No. 3d 22398 (Mar. 1, 2023)

BACKGROUND:

During the trial, Citizens elicited testimony from its corporate representative regarding the findings of the field adjuster. Material is that the field adjuster did not testify at trial, nor were his reports admitted into evidence before the corporate representative’s testimony. Before this testimony, the Insured’s counsel objected due to the corporate representative’s lack of personal knowledge. The jury returned a verdict in favor of Citizens based upon the exclusion for rainwater, part of the findings of the field adjuster.

KK TAKEAWAY: Corporate representatives can only testify to matters of personal knowledge.

KK TAKEAWAY: The discovery rule for corporate representatives is limited to discovery and does not override the evidentiary code requiring personal knowledge.

The Third District Court of Appeals reversed the final judgment and remanded for a new trial. The basis was that the corporate representative had no personal knowledge. Her testimony regarding facts and findings within the report was hearsay. The report and its findings were not introduced into evidence, thus, reference to such was hearsay and beyond the personal knowledge of the corporate representative.