Martin v. Turnipseed, No. 21-30475 (5th Cir. 2022)
Annotate this CasePlaintiff Jennifer Leonard alleged Tyler Martin rear-ended her when she stopped in traffic. She sued Martin and his insurer, Wadena Insurance Company, in Louisiana state court seeking damages for injuries she allegedly sustained during the accident. Martin removed the lawsuit to federal court based on the existence of diversity jurisdiction. This appeal related to a Fed. R. Civ. Pro. 45 subpoena issued to third party Dr. Joseph Turnipseed requiring him to perform patient record audits and generate data about how frequently he recommends a particular course of treatment. Turnipseed, an anesthesiologist and pain management specialist, treated Leonard for neck and back pain allegedly caused by the accident. Among other treatments, Turnipseed performed a cervical radiofrequency neurotomy on Leonard. According to Turnipseed, Leonard responded favorably to the cervical neurotomy and he recommended that she undergo the procedure annually for the next five to six years. These future treatments make up a large percentage of Leonard’s life care plan and alleged damages. Defendants disputed the medical necessity of those expensive, future treatments. Turnipseed moved to quash the subpoena on undue burden grounds. The district court denied his motion to quash. He appealed. In the alternative, he sought a writ of mandamus ordering the district court to quash the subpoena. "With misgivings about the district court’s substantive ruling," the Fifth Circuit dismissed Turnipseed’s appeal for lack of jurisdiction under the collateral order doctrine, and denied his alternative petition for a writ of mandamus for not having demonstrated a clear and indisputable right to the writ.
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