State ex rel. BNSF Railway Co. v. Neill

LAURA DENVIR STITH, Judge.

The Burlington Northern and Santa Fe Railway Company (“BNSF”) petitions this Court to issue its writ of mandamus ordering the trial court to lift its protective order preventing discovery of the medical records of Dr. Shankararao Rao, a psychiatrist who treated and prescribed medication to the plaintiff in the underlying personal injury lawsuit, and directing the trial court to order that the records be produced and that Dr. Rao’s records custodian be made available for deposition.

This Court holds that the trial court abused its discretion in holding that discovery…