The Stafford Davis Firm prevails at the Twelfth Court of Appeals again.

Stafford Davis and Catherine Bartles represented the Plaintiff in a declaratory judgment action against his insurance company for Unisured Motorist benefits. During discovery, Plaintiff sought the deposition of the insurance carrier defendant’s corporate representative. The insurance company sought protection from the noticed topics and argued that the deposition was improper because the discovery could be obtained through other less intrusive means, and the insurance company had no personal knowledge of the Plaintiff’s injuries. After a hearing, the trial court allowed the deposition to move forward on the topic of damages. The Defendant insurance company mandamused the trial court judge. The Twelfth Court of Appeals affirmed the judgment of the trial court judge and held that personal knowledge was not a prerequisite for the deposition to move forward. Likewise, since the amount of damages was a key issue in the case, the Plaintiff was entitled to a deposition on this topic.