Texas Supreme Court

Garry Lunsford and Robert Dail, Relators v. Hon. Joseph B. Morris, Judge, 101st District Court, Respondent

February 10, 198831 Tex. Sup. Ct. J. 207

Summary

The Texas Supreme Court held that a defendant's net worth is discoverable for the purpose of assessing punitive damages under Tex.R.Civ.P. 166b(2), finding the trial court's denial of such discovery an abuse of discretion and conditionally granting the petition for a writ of mandamus. Two dissenting opinions argued that the majority erred in expanding discovery and suggested alternative procedural safeguards.