In Re: Moss Concrete Construction Co., Inc. v. the State of Texas

NO. 12-24-00004-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS IN RE: § MOSS CONCRETE CONSTRUCTION CO., INC., § ORIGINAL PROCEEDING RELATOR § MEMORANDUM OPINION Moss Concrete Construction Co., Inc. filed this original proceeding to challenge Respondent’s denial of Moss’s motion to compel neuropsychological examination of Real Party in Interest James Scott Toon. 1 We deny the writ. BACKGROUND On April 20, 2020, James was riding his bicycle on a sidewalk and when he rode over a diamond plate, which covered a drainage flume, the plate failed, and his “bicycle fell into…