Ex Parte Delta International MacHinery Corp., 1091049 (Ala. 7-29-2011)

75 So. 3d 1173, 2011 Ala. LEXIS 116, 2011 WL 3211098
CourtSupreme Court of Alabama
DecidedJuly 29, 2011
Docket1091049
StatusPublished
Cited by1 cases

This text of 75 So. 3d 1173 (Ex Parte Delta International MacHinery Corp., 1091049 (Ala. 7-29-2011)) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ex Parte Delta International MacHinery Corp., 1091049 (Ala. 7-29-2011), 75 So. 3d 1173, 2011 Ala. LEXIS 116, 2011 WL 3211098 (Ala. 2011).

Opinion

PER CURIAM.

The petitioner, Delta International Machinery Corporation (hereinafter “Delta”), the defendant below, seeks a writ of mandamus directing the Geneva Circuit Court to vacate an order granting the motion filed by the plaintiff, Brandon Landrum, seeking access to certain technology purportedly in Delta’s control and seeking to inspect any device incorporating that technology. We grant the petition and issue the writ.

Facts and Procedural History

On December 21, 2006, Landrum was operating a portable bench saw manufactured by Delta. Landrum’s hand came into contact with the blade of the saw, resulting in the amputation of Landrum’s index finger and injuries to other fingers as well as to his hand.

In December 2007, Landrum sued Delta seeking damages under the Alabama Extended Manufacturer’s Liability Doctrine (“the AEMLD”) and alleging that the saw was defective and unreasonably dangerous. The parties agreed to a protective order, and the trial court entered that order on January 9, 2009. The protective order set forth certain safeguards for confidential materials that would be disclosed during discovery; it specifically forbade certain confidential materials from being released to Stephen Gass, Landrum’s expert witness, who apparently was employed by a corporation that was a competitor of Delta’s.

On December 21, 2009, Landrum filed, pursuant to Rule 26, Ala. R. Civ. P., a motion to inspect. Landrum alleged that a joint venture consisting of numerous power-tool manufacturers, which included Delta (hereinafter “the joint venture”), had developed a technology known as “flesh-sensing technology.” According to Land-rum, a saw with flesh-sensing technology can recognize when its blade comes into contact with human flesh, and the blade will automatically be diverted or stopped in an effort to avoid further injury. In his motion to inspect, Landrum requested that he be permitted to inspect “all saws equipped with any flesh-sensing technology as developed by the Joint Venture” and “any and all flesh sensing technology developed by the Joint Venture.” 1

The saw that injured Landrum is a 10-inch portable bench saw manufactured in the 25th week of 2004.2 In opposition to the motion to inspect, Delta argued that the flesh-sensing technology developed by the joint venture and any device developed by the joint venture incorporating the flesh-sensing technology were not discoverable because they did not exist at the time the saw was manufactured and were thus not relevant to Landrum’s case. The flesh-sensing technology under development by the joint venture, Delta asserted, was highly confidential and of a potentially high commercial value. Delta argued that the goal of the joint venture was merely to research flesh-sensing technology and not to incorporate such technology into existing saws. The device developed by the joint venture was not similar to the saw at [1175]*1175issue in this case; it was merely a test device. Delta contended that technology developed by the joint venture did not exist when the saw by which Landrum was injured was manufactured and that it was not feasible to retrofit that saw to use the flesh-sensing technology. Thus, Delta argued, Landrum’s motion to inspect sought “irrelevant, confidential, and valuable information from a non-party entity over which [the trial] court lacks control or jurisdiction.” Delta also objected to allowing Stephen Gass to have access to the joint venture’s technology.

On February 9, 2010, the trial court granted Landrum’s motion to inspect. The trial court determined that the evidence sought by the motion to inspect was relevant; that even if the flesh-sensing technology was a trade secret it was nonetheless discoverable; that Delta did have control over the items sought to be inspected; and that the trial court did have control and jurisdiction over the members of the joint venture. The trial court also held that Stephen Gass would have access to the technology and would be permitted to inspect any device incorporating the technology. Delta filed a motion for a protective order relating to Landrum’s motion to inspect, which the trial court denied; 3 Delta subsequently filed this petition for a writ of mandamus.

Standard of Review

“ ‘A writ of mandamus will be “issued only when there is: 1) a clear legal right in the petitioner to the order sought; 2) an imperative duty upon the respondent to perform, accompanied by a refusal to do so; 3) the lack of another adequate remedy; and 4) properly invoked jurisdiction of the court.” Ex parte United Serv. Stations, Inc., 628 So.2d 501, 503 (Ala.1993).’
“Ex parte Horton Homes, Inc., 774 So.2d 536, 539 (Ala.2000). Regarding discovery matters specifically, this Court has stated:
“ ‘Discovery matters are within the trial court’s sound discretion, and this Court will not reverse a trial court’s ruling on a discovery issue unless the trial court has clearly exceeded its discretion. Home Ins. Co. v. Rice, 585 So.2d 859, 862 (Ala.1991). Accordingly, mandamus will issue to reverse a trial court’s ruling on a discovery issue only (1) where there is a showing that the trial court clearly exceeded its discretion, and (2) where the aggrieved party does not have an adequate remedy by ordinary appeal. The petitioner has an affirmative burden to prove the existence of each of these conditions.
“‘Generally, an appeal of a discovery order is an adequate remedy, notwithstanding the fact that that procedure may delay an appellate court’s review of a petitioner’s grievance or impose on the petitioner additional expense; our judicial system cannot afford immediate mandamus review of every discovery order.’
“Ex parte Ocwen Federal Bank, FSB, 872 So.2d 810, 813 (Ala.2003) (footnote omitted). In Ocwen, this Court identified ‘four circumstances in which a discovery order may be reviewed by a petition for a writ of mandamus.’ Ex parte [1176]*1176Dillard Dep’t Stores, Inc., 879 So.2d 1134, 1137 (Ala.2003) (citing Ocwen). Those circumstances include:
“ ‘(a) [W]hen a privilege is disregarded, see Ex parte Miltope Corp., 823 So.2d 640, 644-15 (Ala.2001); (b) when a discovery order compels the production of patently irrelevant or duplica-tive documents the production of which clearly constitutes harassment or imposes a burden on the producing party far out of proportion to any benefit received by the requesting party, see, e.g., Ex parte Compass Bank, 686 So.2d 1135, 1138 (Ala.1996); (c) when the trial court either imposes sanctions effectively precluding a decision on the merits or denies discovery going to a party’s entire action or defense so that, in either event, the outcome of the case has been all but determined and the petitioner would be merely going through the motions of a trial to obtain an appeal; or (d) when the trial court impermissibly prevents the petitioner from making a record on the discovery issue so that an appellate court cannot review the effect of the trial court’s alleged error. The burden rests on the petitioner to demonstrate that its petition presents such an exceptional case — that is, one in which an appeal is not an adequate remedy. See Ex parte Consolidated Publ’g Co., 601 So.2d 423, 426 (Ala.1992).’
“Dillard, 879 So.2d at 1137.”

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Bluebook (online)
75 So. 3d 1173, 2011 Ala. LEXIS 116, 2011 WL 3211098, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-delta-international-machinery-corp-1091049-ala-7-29-2011-ala-2011.