Newman v. Kenworth of Birmingham, Inc.

Kenworth of Birmingham, Inc. (“Ken-worth”), and Bryan Harland are defendants in an action pending in the Fayette Circuit Court. They petition for a writ of mandamus directing Judge James Moore to vacate two orders allowing general unlimited discovery. We grant the petition.

I

In July 1999, Newman Trucking, Inc., acting through Robert Michael Newman, purchased a Kenworth model T2000 truck from Kenworth; the sale was handled by Kenworth salesman Bryan Harland. Mr. Newman and Newman Trucking later sued Kenworth and Harland, alleging fraudulent misrepresentation, suppression, breach of contract,…