Danaher v. Smith

NUGENT, Presiding Judge.

This original proceeding in prohibition was brought by relators, plaintiffs in an underlying wrongful death action against defendant Madole. The object of the petition for a writ is to restrain the respondent judges from enforcing their respective orders compelling the Jackson County Coroner to comply with subpoenas duces tecum to produce at depositions the results of alcohol blood tests performed by her in 1980 on the bodies of plaintiffs’ decedents. We issued our preliminary rule in prohibition.

Relators contend the rule should be made absolute because the application…