Ex Parte Interstate Truck Leasing
Ex Parte Interstate Truck Leasing
Opinion
The defendant, Interstate Truck Leasing, requests this court to issue a writ of mandamus directing the trial court to compel the plaintiff, William E. Baughn, to submit to an examination by a physical therapist for the purpose of assessing his physical limitations and his capacity to undergo vocational rehabilitation. In order for this court to issue such a writ, Interstate Truck Leasing must prove by credible allegations, ironclad in nature, that the trial court is legally required to grant this motion. Ex parte State Health Planning Development Agency,
The pertinent facts are as follows: Baughn commenced an action against his *Page 54
employer, Interstate Truck Leasing, seeking permanent and total disability benefits pursuant to the state's workmen's compensation law. Subsequently, in August 1988, Interstate Truck Leasing filed a motion asking the trial court to compel Baughn to submit to an examination by a physical therapist pursuant to §
The Alabama Rules of Civil Procedure vest the trial court with broad discretionary power to control the discovery process. Ex parte Mack,
The evidence indicates that Baughn has been examined by five physicians and a chiropractor. In view of this evidence, we cannot say that the trial court abused its discretion when it denied Interstate Truck Leasing's motion. Based on the foregoing, the writ is denied.
WRIT DENIED.
BRADLEY, P.J., and HOLMES, J., concur.
Reference
- Full Case Name
- Ex Parte Interstate Truck Leasing, a Corporation. (Re Interstate Truck Leasing, a Corporation v. John N. Bryan, Jr., Presiding Judge, Circuit Court of Jefferson County, Alabama).
- Cited By
- 2 cases
- Status
- Published