Scott v. Twelfth Court of Appeals

OPINION

PHILLIPS, Chief Justice.

This is an original mandamus proceeding. The parties in the underlying action dispute whether defendant’s investigations of the accident are privileged from discovery because made in anticipation of litigation. The trial court ordered discovery of the investigations, but the court of appeals granted mandamus relief reversing that order. Earnest Scott, the party seeking discovery, asks us to reinstate the trial court’s ruling. We conditionally grant the writ of mandamus.

Scott was injured at work on April 3, 1989, when a load of wood fell on the forklift he was…