State ex rel. Phillips v. Hackett

DON E. BURRELL, P.J. — OPINION AUTHOR

Stacey Phillips (“Relator”), the plaintiff in a product liability suit, seeks a writ of prohibition against the Honorable James A. Hackett (“Respondent”) that would prevent Respondent from enforcing an order that Relator produce certain of her psychological-treatment records. Relator claims that the records in question are immune from discovery based on the physician-patient privilege. See section 491.060(5).1 We agree with that claim and now make permanent our preliminary writ of prohibition.

Applicable Principles of Review and Governing Law

Rule…