The following are summaries of selected civil opinions issued by the Third Court of Appeals during January 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. Subsequent histories are current as of Feb. 7, 2024.
ORIGINAL PROCEEDING: Court grants relief where trial court denied discovery of plaintiff’s medical history.
In re Westside Roofing, LLC, No. 03-23-00219-CV (Tex. App.—Austin Jan. 5, 2024, orig. proceeding) (mem. op.).
In a personal-injury lawsuit following a traffic collision, Westside sought information from plaintiff’s healthcare providers for a six-year period preceding the accident to defend the damages claim. The trial court granted plaintiff’s motion to quash. The court of appeals noted that mandamus is proper to correct an improper denial of discovery that prevents a party from developing a defense that goes to the heart of the case. The requested discovery related to whether plaintiff’s claimed injuries may have resulted from a pre-existing condition. Plaintiff’s deposition revealed that he had a history of neck and back conditions. Thus, the requested discovery may reveal details of plaintiff’s pre-accident condition that could affect a jury’s decision about the causal link between his injuries and the accident. The court granted mandamus relief.