Ex Parte Coots

The sole issue presented by this petition for writ of mandamus is whether the trial court abused the discretion permitted in discovery matters in prohibiting the plaintiffs from using the deposition of a licensed physician expert as substantive evidence in the trial of the case.

The action underlying this petition is a medical malpractice action in which the plaintiffs allege that the defendants negligently treated Sheila Coots, who died after the suit was filed. Her personal representative was subsequently substituted as a party plaintiff. During the discovery period, Dr. Robert K. Sangster,…