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In re Team Transport Inc.5/21/1999
This mandamus proceeding involves a discovery dispute arising out of a personal injury lawsuit. Relator, Team Transport, Inc., complains the trial court clearly abused its discretion by ordering relator to produce a certain letter from relator to its insurance carrier. Finding the trial court was within its discretion to order production of the letter, we deny the petition for writ of mandamus.
BACKGROUND
On December 1, 1998, the real party in interest, Samuel Martinez, filed a personal injury lawsuit against the relator and Michelin North America, Inc. Martinez alleges that on or about October 20, 1998, relator's employee negligently dumped a container full of tires on him at the Michelin tire facility. On April 21, 1999, Martinez filed a motion to compel certain responses to his requests for production of documents. In particular, Martinez sought to compel a response to request number six seeking all investigative reports. Five days later, relator filed a response asserting that several of the documents were protected by the work product privilege. See Tex. R. Civ. P. 192.5. Among the documents identified, was a letter dated October 26, 1998, sent by an employee and a company officer to relator's insurance carrier. This letter was subsequently submitted in camera to the trial court and to this court. The first paragraph of the letter contains a description of the accident by Johnnie McIlveen, relator's allegedly negligent employee and a witness to the accident. The second paragraph of the letter contains comments by relator's Vice-President, Robert Eagleton, on procedures used at the Michelin warehouse, as those procedures related to the accident. Relator supported its response with several affidavits and correspondence showing the documents were prepared "in anticipation of litigation."
On April 27, 1999, the trial court held a hearing on the motion to compel and orally ruled in favor of Martinez. The following day, relator filed a motion for reconsideration. On May 3, 1999, the trial court signed an order compelling relator to produce the October 26, 1998, letter as a witness statement. In its order, the court specifically found this letter was prepared in anticipation of litigation, however, it ordered production of the letter as a witness statement. See Tex. R. Civ. P. 192.3(h). Relator was required to comply with the court's order by 5:00 p.m. on May 6, 1999, unless it filed a petition for writ of mandamus. On the same date it signed the discovery order, the trial court also signed an order denying relator's motion for reconsideration. On May 6, 1999, relator filed this petition for writ of mandamus. See Tex. Gov't. Code Ann. ยง 22.221 (Vernon 1988 & Supp. 1999). The following day, Martinez filed a letter response.
WITNESS STATEMENT V. WORK PRODUCT
Mandamus relief is available if the trial court violates a duty imposed by law or clearly abuses its discretion, either in resolving factual issues or in determining legal issues, when there is no adequate remedy at law. See Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992). A trial court abuses its discretion by making an arbitrary and unreasonable decision that amounts to a clear and prejudicial error of law. See Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 917 (Tex. 1985). Here, relator complains the trial court clearly abused its discretion in compelling the production of a privileged document. Because the erroneous disclosure of privileged information will materially affect relator's rights and thus, cannot be remedied by appeal, relator's complaint is appropriate for mandamus. See id. at 843.
As we described, the trial court found the October 26, 1998 letter was p
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