AL PARKER BUICK COMPANY, Relator v. THE HONORABLE HUGO TOUCHY, JUDGE OF THE 129TH DISTRICT COURT OF HARRIS COUNTY, TEXAS, Respondent, 788 S.W.2d 129

Summary

The plaintiff in the underlying litigation alleged that she was injured in an automobile accident involving a truck driven by relator defendant's employee. She alleged that relator was liable because the employee acted within the course and scope of his employment, but alleged no other basis for relator's liability. Plaintiff served a request for production of documents seeking evidence of relator's net worth. Relator filed a motion for protective order alleging that its net worth was neither relevant nor calculated to lead to the discovery of admissible evidence. Neither party requested a hearing on the motion for protection. Respondent signed his order compelling the production of financial statements showing total assets, total liabilities, and net worth and relator sought a writ of mandamus. The court held that the trial court should have balanced the probative value of the information sought against the burden placed upon the relator by allowing discovery. Because plaintiff's ...