Walker v. Packer
- Court
- Texas Supreme Court
- Decided
- May 7, 1992
- Docket
- C-9403
- Status
- Published
- Jurisdiction
- Texas
Cited 8,808 timesNo negative treatment found in this library
What later courts said
- holding that the reviewing court cannot substitute its judgment for that of the respondent unless there has been a clear abuse of discretion — International Awards, Inc. v. Medina (1995)
- concluding that mandamus relief would issue when a discovery request "imposes a burden on the producing party far out of proportion to any benefit that may obtain to the requesting party" — In Re AIU Insurance Co. (2004)
- holding that relator has burden of providing record establishing his right to mandamus relief — In Re Bill Heard Chevrolet, Ltd. (2006)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
OPINION PHILLIPS, Chief Justice.
This original mandamus action involves two pre-trial discovery requests sought by [*836] relators, plaintiffs in a medical malpractice lawsuit. The first discovery dispute involves documents which the plaintiffs seek from one of the defendants, while the second involves documents which they seek from a nonparty for impeachment purposes. As to the first matter, we hold that relators have not presented a sufficient record to demonstrate that the trial court clearly abused its discretion in failing to grant them all requested relief. As to the second, we hold that relators have an adequate remedy by appeal. Thus, mandamus is inappropriate, and we deny the writ.
The St. Paul and Aetna Records Catherine Johanna Walker sustained brain damage at birth in January 1983. In January 1985, her parents, Charles F. and Mary Jeanette Walker, sued Dr. Paul Cri-der, the obstetrician, St. Paul Hospital, where Catherine was born, and Iris Jean White, a nurse attending at the delivery.
Cite this
Walker v. Packer, 827 S.W.2d 833 (1992)Read the full opinion
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