State Missouri v. Honorable David Darnold

This is an original proceeding in prohibition, the objective of which is to prohibit the trial Judge (Respondent) from enforcing portions of his order sustaining the objections of Lester E. Cox Medical Centers (Cox Medical) to certain requests for production propounded by Doris E. Dixon (Relator). Heretofore, we issued a preliminary order which we now make absolute. Relator, as plaintiff in the underlying medical negligence action, brought a claim against several Springfield, Missouri, physicians and Cox Medical seeking recovery of damages. In the course of discovery proceedings Relator submitted her first request for production of documents to Cox Medical pursuant to Rule 58.01. 1 Respondent sustained Cox Medical's objections as to 13 requested documents. Cox Medical had objected to each of the requested documents on the basis that the ""information sought is protected from discovery pursuant to R.S.Mo. § 537.035"" (the Peer Review Statute) and cited State ex rel. St. Anthony's Med. Ctr. v. Provaznik, 863 S.W.2d 21 (Mo.App. 1993) in support. 2