Litigation: Personal Injury; Litigation: Commercial; Discovery; Procedure

In Re Ben E. Keith Company, Inc.

Fort Worth-8/3/06- 2-06-071-CV

Justice McCoy
Severance of Business Tort Claims From Those Concerning Distribution & Consumption of Spoiled Chili was Ordered.

Mandamus proceeding in which the Court of Appeals granted, in part, D1’s motion to sever & to allow discovery of Texas Chili’s insurance adjuster’s file (denied) in this case brought by 13 Ps who allegedly suffered food poisoning after eating spoiled chili. The business tort claims against the manufacturer and & salvage grocer are not so interwoven with the personal injury action that they involve the same fact & Issues; thus, they are properly severable. But D1 failed to provide that deposing the insurance adjuster & reading his file are the only means for discovering the manufacturer’s reasons for settling the personal injury lawsuits.

State Bar of Texas Civil Digest

August 30, 2006