in Re Colleen Myers

• Court: Court of Appeals of Texas
• Decided: February 22, 2012
• Docket: 10-12-00052-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-12-00052-CV

IN RE COLLEEN MYERS

Original Proceeding

MEMORANDUM OPINION

Relator, Colleen Myers, is the defendant in a personal injury suit brought by Britt

and Christina Knighton, plaintiffs. Myers seeks the medical records which are related

to routine mental anguish damages and medical expenses related thereto which the

Knightons allege were caused by the automobile collision between Myers and Britt.

The Knightons have resisted discovery based upon the “Confidentiality of Mental

Health Information in Civil Cases” privilege. TEX. R. EVID. 510. Myers asserts that the

litigation claim exception applies. Id. 510(d)(5).

We deny the petition. In re Williams, No. 10-08-00364-CV, 2009 Tex. App. LEXIS

1561 (Tex. App.—Waco March 4, 2009, orig. proceeding) (mem. op.).

TOM GRAY Chief Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Petition denied Opinion delivered and filed February 22, 2012 [OT06]

In re Myers Page 2