Ex Parte Pepper

Malcolm Black Pepper, the defendant in an action pending in the Jefferson Circuit Court, petitions for a writ of mandamus directing the trial court to vacate its order denying his motion to compel the deposition of Dr. William Meneese, a neuropsychologist, concerning his examination of the plaintiff Betty Lee Smith. We deny the petition.

I

On November 6, 1995, Pepper's automobile struck the rear of Betty Lee Smith's automobile. Ms. Smith did not seek medical attention at the scene of the accident, even though paramedics were present. Later that evening, however, she went to the emergency room…