Tat Man Chung v. Legacy Corp.

TERNUS, Justice.

Appellee, Tat Man Chung, was injured when the vehicle he was driving collided with a vehicle operated by appellant, Kip Donavan Earns. In this personal injury action brought by Chung to recover damages for his injuries, Chung alleged that Earns was negligent “in operating a vehicle while under the influence of alcohol.” Earns denied this allegation in his answer.

Chung subsequently filed an application for the court’s permission to take the deposition of the physician who treated Earns in the hospital emergency room immediately following the accident; Chung also sought…