Missouri Court of Appeals, Eastern District / Dec 31, 2019
State ex rel. Brandt Headrick, Relator, vs. Hon. Benjamin F. Lewis, Respondent.
Brandt Headrick, plaintiff in a medical negligence action, sought a writ of prohibition against Respondent Judge Benjamin F. Lewis, who ordered Headrick to undergo a physically invasive test to determine his alleged loss of smell and taste. Headrick contended the order failed to comply with Rule 60.01(a)(3)'s requirements for specifying test details. The appellate court granted the writ, holding that the judge exceeded his authority by failing to specify critical details of the ordered test, particularly by not identifying the "dye-like fluid" to be used. The preliminary writ of prohibition was made permanent, prohibiting the respondent from enforcing the order.