KAY LABORATORIES, INC. v. DISTRICT COURT

No. 82SA215.

653 P.2d 721 (1982)

KAY LABORATORIES, INC., Petitioner, v. The DISTRICT COURT In and For PUEBLO COUNTY, Colorado In the TENTH JUDICIAL DISTRICT, and the Honorable Matt J. Kikel, One of the Judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

November 1, 1982.


Attorney(s) appearing for the Case

Glenn S. Pressman, The Law Firm of Justin R. Melat, Colorado Springs, for petitioner.

Lee Wills, Kane, Donley & Wills, Colorado Springs, for respondents.


DUBOFSKY, Justice.

In this original proceeding under C.A.R. 21, we directed the respondent Pueblo County district court to show cause why petitioner Kay Laboratories' motion to compel discovery of a hospital incident report for use in defending a products liability and negligence action should not be granted. We hold that the court's denial of the motion constituted an abuse of discretion and now make the rule absolute.

In the underlying action, June McMichael...

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