Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Davis v. Pate

January 4, 1996

KEITH DAVIS, RELATOR,

v.

HONORABLE ROBERT C. PATE, PRESIDING JUDGE OF THE 28TH DISTRICT COURT OF JUECES COUNTY, TEXAS, RESPONDENT.



On Appeal from County Criminal Court No. 9 Dallas County, Texas Trial Court No. MA94-56469-K

Before Justices Ya¤ez, Chavez and Rodriguez

Justice Rodriguez

1/4/96

On Petition for Writ of Mandamus.

OPINION

In this original mandamus proceeding, the relator, Keith Davis, complains that the trial court abused its discretion in failing to protect him from overly broad discovery requests and failing to uphold the witness statement privilege. We conditionally grant mandamus relief.

Davis filed suit against the Bank of Robstown and William D. Dodge, III, for defamation, slander, and negligent misrepresentation/advertising. Davis was employed by the Bank under the supervision of Dodge for a period of eight years. He subsequently applied for employment as a finance and insurance manager with an automobile dealership. Upon inquiry by the dealership, Dodge allegedly slandered Davis by stating that he was fired from the bank, that he was not a good "people person," and that they would not recommend him for employment.

In the course of discovery, the Bank sent Davis an Amended Notice Duces Tecum of Intention to Take Oral Deposition requesting Davis to produce a list of various documents. The requests which are presently in issue are as follows:

"1. Produce any and all documents which evidence, reflect or pertain in anyway to your contention that The Bank of Robstown and/or William D. Dodge III consistently tried to blame you for things that were going wrong at The Bank of Robstown such as non-performing loans, shortages of Defendant's earnings, customer relations, overages and shortages in Defendant's special accounts such as loan loss reserves.

2. Produce any and all documents which evidence, reflect or pertain in anyway to your contention that The Bank of Robstown and/or William D. Dodge III had a personal animosity towards you.

3. Produce any and all documents which evidence, reflect or pertain in anyway to your contention that The Bank of Robstown and/or William D. Dodge III made slanderous statements to the general public.

4. Produce any and all documents which evidence, reflect or pertain in anyway to your contention that you were defamed and/or slandered by The Bank of Robstown and/or William D. Dodge III as referred to in Paragraph IV of Plaintiff's Original Petition.

5. Produce any and all documents which evidence, reflect or pertain in anyway to your contention that the alleged slanderous statements injured you in your profession as a banker, finance/credit manager.

6. Produce any and all documents which evidence, reflect or pertain in anyway to your contention that you had a good reputation and rapport throughout the professional community and personal community.

7. Produce any and all documents which evidence, reflect or pertain in anyway to your contention that the alleged defamatory and/or slanderous statements about you were made in bad faith and with malice by The Bank of Robstown and/or William D. Dodge III.

8. Produce any and all documents which evidence, reflect or pertain in anyway to your contention that The Bank of Robstown and/or William D. Dodge III harbored feelings of ill-will and hatred against you.

9. Produce any and all documents which evidence, reflect or pertain in anyway to your contention that The Bank of Robstown and/or William D. Dodge III engaged in negligent misrepresentation/advertising as alleged in Paragraph VI of Plaintiff's Original Petition.

10. Please produce any and all correspondence of memoranda of telephone calls which evidence, reflect or pertain in anyway to any communication between Plaintiff and Defendant or their agents concerning the subject matter of allegations of this lawsuit.

11. Please produce any and all correspondence or memoranda of telephone calls which evidence, reflect or pertain in anyway to any communication between Plaintiff and any third parties concerning ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.