in Re Sun Coast Resources, Inc.
562 S.W.3d 138
Tex. App.2018Background
- Plaintiffs filed a wrongful-death suit after a 2016 gasoline delivery and offloading allegedly caused a spill, fire, and death of Samuel Oliver; Sun Coast is defendant/relator.
- Plaintiffs served broad requests for production including: a company "spill log" (2013–present), reports/investigations/driver-discipline records, personnel files for multiple employees, emails, and text messages related to the incident.
- The trial court (May 29, 2018) compelled production of the spill log and related documents (RFPs 1,3,7,10,37), portions of ten employees’ personnel files (RFP 17), and electronic communications (RFPs 21–28). Sun Coast sought mandamus relief.
- Key discovery disputes: (1) whether the spill-log-related requests are overbroad in subject matter/geography; (2) whether personnel files for certain employees are reasonably calculated to lead to admissible evidence; (3) whether Sun Coast already produced or controls responsive emails; (4) whether Sun Coast has possession/custody/control of employees’ personal text messages.
- The court conditionally granted mandamus in part (narrowing or vacating portions) and denied it in part: it ordered the trial court to tailor or vacate the spill-log and linked requests, quashed production of certain personnel files (six named persons), vacated order to produce employee personal text messages, but denied relief as to other personnel files and some other discovery.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of spill log and related documents (RFPs 1,3,7,10,37) | Prior hazardous-spill incidents may show foreseeability, similar instrumentality, and negligent practices; relevant to Plaintiffs’ negligence/gross-negligence claims | Request is overbroad (subject matter, potentially geographic), would capture incidents irrelevant to alleged offloading/overfill/fire (e.g., highway accidents) | Order compelled some spill records but was overbroad as written; court directed trial court to vacate and narrowly tailor subject-matter limitations (spill log "all hazardous materials spills" too broad) |
| Personnel files (RFP 17) for multiple employees | Personnel records (training, evaluations, certifications, disciplinary actions) for managers/trainers and those responsible for safety are relevant to negligent hiring/training/supervision claims | Many listed employees had no meaningful connection to the incident or to Marcano’s hiring/training; whole-file requests are overbroad and some information obtainable by deposition | Production of personnel files for Michael Pace, Bill Tilger, Jennifer Weldon, Art Flanagan, Rob Wynn, and Tammula Wynn was an abuse of discretion (mandamus granted as to those six); order stands for other listed employees with relevant roles (e.g., safety director, trainers) |
| Emails (RFPs 25–28; part of 21–28) | Plaintiffs seek any electronic communications about the incident, including specific correspondence not previously produced | Sun Coast has produced responsive emails or none exist; cannot be compelled to produce what it does not have | Court held a party cannot be compelled to produce non-existent documents; no evidence of additional responsive emails—order requiring more was an abuse of discretion |
| Text messages on employees’ personal phones (RFPs 21–24) | Employees used personal phones for work; handbook authorizes inspection of devices and company reimburses part of phone bills—so defendant has constructive possession/control | Texts are stored on employees’ personal devices; employer lacks equal/superior right to possess personal device contents absent explicit contract/policy; at-will employment and handbook did not transfer ownership/control of non‑confidential messages | Court held employer generally does not have possession/custody/control over text messages on employees’ personal phones absent explicit agreement; compelling Sun Coast to produce those texts was an abuse of discretion (mandamus granted) |
Key Cases Cited
- In re Prudential Ins. Co. of Am., 148 S.W.3d 124 (Tex. 2004) (mandamus standards for discovery review)
- In re CSX Corp., 124 S.W.3d 149 (Tex. 2003) (limits on overbroad discovery; need for reasonable tailoring)
- In re H.E.B. Grocery Co., 375 S.W.3d 497 (Tex. App.—Houston [14th Dist.] 2012) (personnel and incident-report discovery tailored to relevance)
- In re Nat’l Lloyds Ins. Co., 507 S.W.3d 219 (Tex. 2016) (overbroad discovery and scope limits)
- Walker v. Packer, 827 S.W.2d 833 (Tex. 1992) (standard for mandamus review of trial-court legal conclusions)
- GTE Communications Sys. Corp. v. Tanner, 856 S.W.2d 725 (Tex. 1993) (possession/custody/control and constructive possession principles)