Alleged accident victim submits motion to quash oral depositions
GALVESTON - A man whose lawsuit claims he was involved in a two-vehicle crash that triggered a fire is trying to fend off the defendant's request for a deposition, recent court records show.
Travis Gray filed a motion to quash oral deposition into his suit Aug. 13, stating defendant Rynnie Marshall sought the deposition "without any prior communication with counsel."
Gray is suing Marshall for colliding into him on Nov. 5, 2012, in League City, alleging Marshall failed to yield the right-of-way and crashed his vehicle into the passenger side of his truck.
The crash then ignited a fire, the original petition says.
Marshall formally denied the allegations.
The plaintiff's motion takes issue with the deposition date and time, which were "unilaterally determined without regard to schedule of Gray or his counsel."
"It is scheduled for an unreasonable and inconvenient date and time," the six-page document says.
"While the plaintiff's counsel is not necessarily opposed to expedited discovery, it is inappropriate and unreasonable to unilaterally set depositions without the input of counsel and before the parties have had the opportunity to conduct any written discovery."
According to Gray, the defendant did not take his school schedule into consideration.
The plaintiff says he will provide alternate deposition dates and times.
Case No. 13-CV-896