In re H.E.B. Grocery Co.
Texas Supreme Court
1Per curiam
This is a mandamus proceeding arising out of a personal-injury suit against relator H.E.B. Grocery Company, L.P. (HEB). At issue is the trial court’s order denying HEB’s motion to conduct a physical examination of the real party in interest. We hold that the trial court abused its discre*302tion in denying the motion and that HEB lacks an adequate remedy by appeal. Accordingly, we conditionally grant mandamus relief.
Daniel Rodriguez sued HEB for negligence, alleging that he tripped and fell over an unsecured metal plate in front of a grocery cart corral in a Brownsville HEB parking lot. Rodriguez…
2Cases cited9 opinions
- Walker v. PackerTexas Supreme Court · 1992
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- Schlagenhauf v. HolderSupreme Court of the United States · 1965
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