Southern Pacific Transportation Co. v. Banales

OPINION

KENNEDY, Justice.

In this original proceeding, relator, Southern Pacific Transportation Company, seeks a writ of mandamus against the Honorable Manuel Banales, requiring him to rescind his order compelling the discovery of a practice videotape deposition. We conditionally grant the writ.

John Percival, the real party in interest, originally brought suit for hearing loss he sustained while employed by the relator. Dr. Thomas Sumnar was a physician hired by relator to assist in conducting a hearing conservation program. As part of his preparation to testify by videotaped deposition,…