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[DOWNLOAD] "Vikki B. Stringer v. Eleventh Court Appeals" by Supreme Court of Texas No. C-5329 " eBook PDF Kindle ePub Free

Vikki B. Stringer v. Eleventh Court Appeals

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eBook details

  • Title: Vikki B. Stringer v. Eleventh Court Appeals
  • Author : Supreme Court of Texas No. C-5329
  • Release Date : January 02, 1986
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 67 KB

Description

This is an original mandamus action. Relator, Vikki Stringer, seeks a writ of mandamus directing the Court of Appeals for the Eleventh Supreme Judicial District to rescind its mandamus orders which found information obtained in a post-accident investigation privileged under TEX. R. CIV. P. 166b(3)(d) and also reversed the trial court's discovery sanctions order against defendant, the Atchison, Topeka and Santa Fe Railway Company. Atchison, Topeka & Santa Fe Railway Company v. Kirk, 705 S.W.2d 829. We hold the information is discoverable because it was not obtained at a time when Santa Fe had good cause to believe suit would be filed. The court of appeals abused its discretion by granting mandamus relief from the sanctions order, because there was an adequate remedy by appeal. Therefore, the writ is conditionally granted. The underlying lawsuit arose as the result of a collision between an Atchison, Topeka and Santa Fe Railway Company freight train and a Missouri-Pacific freight train in which R.D. Stringer, head brakeman of the Santa Fe train, was killed. Stringer's wife, Vikki, file suit against Santa Fe.


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