Court Says Plaintiff Failed to Provide Support for Pre-suit Deposition

TYLER, Texas - A Texas state court judge abused his discretion when he granted a prospective silica plaintiff's petition for pre-suit deposition without the benefit of medical evidence supporting his claims, a state appeals court has ruled. In re: Contractor's Supplies Inc., No. 12-09-00231-CV (Texas Ct. App., 12th Dist.).

The 12th District Court of Appeals ruled Aug. 17 that Judge Barry R. Bryan should not have expedited the notice period that would have allowed the deposition to proceed because the only evidence of claimant John Oaks' alleged silica-related condition was contained in a letter from his lawyer.

"It is clear …