Kristine Hill and Dennis Hill, Relators Missouri Cases

Kristine and Dennis Hill sued Mercy Rehabilitation Hospital for negligence after Ms. Hill sustained injuries from a malfunctioning hospital bed. During discovery, Mercy sought settlement documents related to a subsequent motor vehicle accident involving Ms. Hill, asserting a reduction defense under section 537.060. The Hills argued these documents were protected by the work product doctrine, but the circuit court compelled their production. The Missouri Supreme Court quashed a preliminary writ of prohibition issued by the court of appeals, holding that the settlement documents were not protected by the work product doctrine because the Hills had waived protection by disclosing them to an adversary.

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.