In cases arising out of truck accidents, the parties will typically engage in discovery. Under Texas law, parties can seek information via discovery that will support their claims and defenses. Discovery cannot be used as a fishing expedition, however, and overbroad requests may be quashed, as illustrated in In re Contract Firefighters Inc. No. 21-0134, a case arising out of a truck collision. If you were hurt in a crash involving a tractor-trailer, you have the right to seek compensation for your losses, and you should meet with a Texas truck accident attorney to evaluate your potential claims.
Procedural History of the Case
It is reported that the plaintiffs suffered injuries in a collision with a commercial truck. They subsequently instituted negligence claims against the truck driver and the shipping company. The case proceeded to discovery, and the plaintiffs sought information regarding other truck accident lawsuits in which the company was named as a defendant and United States Department of Transportation (USDOT) records regarding accidents involving the company in all 50 states.
It is alleged that the company filed a motion to quash the request for information from the USDOT, while the plaintiffs filed a motion to compel the company to respond to their discovery requests. The court granted the plaintiff’s motion and denied the company’s. The company sought a writ of mandamus, which the appellate court denied. The company then filed a writ of mandamus petition in the Texas Supreme Court, after which the plaintiffs voluntarily withdrew their request and moved to dismiss the petition. Continue Reading