Ewing v. Colonel Biggs Water Ski Show Team
Ewing v. Colonel Biggs Water Ski Show Team
Opinion of the Court
PETITION DENIED. NO OPINION.
Concurring Opinion
(concurring specially).
I concur in denying the petition for the writ of mandamus. I write separately to emphasize that the petition before us demonstrates why this • Court should avoid meddling in discovery matters before the trial court. In Ex parte USA Water Ski Inc., 135 So.3d 247 (Ala. 2013), this Court held that a certain post-accident report was privileged under the work-product doctrine and directed the trial court to vacate its order compelling USA Water Ski, Inc., to produce the post-accident report. Although I did not write, I dissented for the reasons I dissented in Ex parte Mobile Gas Service Corp., 123 So.3d 499, 516 (Ala. 2013), namely, because “I do not believe mandamus relief is proper in the context of discovery proceedings.”
Now new facts have come to light in this case that suggest the post-accident report was not prepared in anticipation of trial and, hence, is not protected by the work-product doctrine. We are back to where we began: The trial court has ordered USA Water Ski to produce the post-accident report, and USA Water Ski again seeks a writ of mandamus directing the
The trial court did not exceed its discretion by ordering the production of the post-accident report. Nor did its order require an extraordinary remedy that would necessitate this Court’s involvement in the case at this time. Therefore, I concur to deny the petition for a writ of mandamus.
. See also Ex parte Ocwen Fed. Bank, FSB, 872 So.2d 810, 817 (Ala. 2003) (Moore, C.J., concurring in the result).
Reference
- Full Case Name
- Ex parte USA WATER SKI, INC. (In re Joy King Ewing, f/k/a Joy King, as personal representative of the Estate of Stewart Arthur Bieber, and Rachel K. Bieber v. Colonel Biggs Water Ski Show Team)
- Status
- Published