Coates v. Whittington

SPEARS, Judge.

At issue in this mandamus proceeding is whether a plaintiff who claims mental anguish damages in a personal injury action may be required to submit to a mental examination. In the underlying case, relator Myrna Coates sued Drackett Products Company for injuries she sustained while using Drackett’s oven cleaner. She claimed both physical and mental anguish damages, and Drackett alleged that Mrs. Coates had been contributorily negligent. Drackett moved for an order compelling Mrs. Coates to submit to a mental examination pursuant to Rule 167a of the Texas Rules of Civil Procedure.…