James G. Thomas, Jr., Brother and Next of Kin of Karen G. Thomas v. Elizabeth Oldfield, M.D. et al.

Summary

The Tennessee Supreme Court held that information concerning a defendant’s liability insurance coverage was not discoverable under Tennessee Rule of Civil Procedure 26.02 because it was inadmissible under Tennessee Rule of Evidence 411 and was not reasonably calculated to lead to the discovery of admissible evidence. The court affirmed the Court of Appeals’ reversal of the trial court’s order compelling production of the insurance information. The decision also discussed the history of Tennessee’s discovery rule and the court’s view that a rule amendment would be appropriate to permit such discovery prospectively.

Holdings

1. Information concerning the defendants' liability insurance coverage was not subject to discovery because it was inadmissible at trial under Tennessee Rule of Evidence 411 and did not appear reasonably calculated to lead to the discovery of admissible evidence.
2. Tennessee Rule of Civil Procedure 26.02(1) must be interpreted according to its language and history; the court could not judicially treat the rule as expressly authorizing discovery of liability insurance information when Tennessee had omitted the federal rule's express insurance-disclosure language.

Questions Presented

1. Whether information concerning a defendant's liability insurance coverage is discoverable under Tennessee Rule of Civil Procedure 26.02(1) when the information is inadmissible under Tennessee Rule of Evidence 411 and is not reasonably calculated to lead to the discovery of admissible evidence.

Disposition

affirmed