Mario S. Martinez v. Gary Rutledge

Plaintiff, Mario S. Martinez, sued Gary Rutledge and others for injuries alleged to have resulted from an automobile collision. Plaintiffs action against defendant Rutledge was dismissed and severed from his action against the other defendant. Dismissal was ordered because plaintiff refused to obey discovery orders of the court which required him either to produce certain medical records or to furnish medical authorization for them. Plaintiff has appealed urging four points of error, namely: That the orders were not authorized by Texas Rules of Civil Procedure; that Veterans Administration medical records are privileged; that there was no showing of good cause by the defendant; and that there was no showing the records were in plaintiffs care, custody or control. Because these points are without merit, we affirm.