Honorable Stanley J. Wallach Missouri Cases

Kristine and Dennis Hill (Relators) sought a writ of prohibition to prevent the enforcement of a trial court order compelling them to produce settlement documents from a prior automobile accident. The Relators argued these documents were protected work product and that the opposing party, Mercy Rehabilitation Hospital, failed to show a substantial need for them. The appellate court agreed, finding that the settlement documents were tangible work product and Mercy failed to meet the burden of demonstrating substantial need and inability to obtain the substantial equivalent by other means. The court made its preliminary order in prohibition permanent, directing the trial court to vacate its order.