National Tank Co. v. Brotherton

OPINION

PHILLIPS, Chief Justice.

In this original proceeding we must determine whether accident reports and witness statements prepared by Relator and its insurer following a plant explosion are privileged from discovery. We modify our decision in Flores v. Fourth Court of Appeals, 777 S.W.2d 38, 40-41 (Tex.1989), to hold that investigative documents are prepared in “anticipation of litigation” for purposes of Tex.R.Civ.P. 166b(3) if a) a reasonable person would have concluded from the totality of the circumstances surrounding the investigation that there was a substantial chance that…