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Click here for the full text of this decision FACTS:The real party in interest, Patricia Galnares (plaintiff), alleged that a design defect in a child car seat, the SnugRide, manufactured by Newell Rubbermaid Inc., individually and d/b/a Graco Children’s Products Inc. (relator) caused the death of her five-week-old son in a single-vehicle rollover accident. The action was pending when relator filed a petition for writ of mandamus, arguing that the trial judge (respondent) abused her discretion by ruling that relator waived all privileges to certain documents requested by plaintiff’s fourth request for production because relator failed to specifically assert its privileges as to each of plaintiff’s individual requests. Plaintiff’s fourth request for production sought production of documents pertaining to an announcement from the Consumer Product Safety Commission. The announcement assessed a civil penalty against relator for untimely disclosures of hazards associated with certain models of infant carriers, high chairs, swings, strollers and toddler beds. According to relator, none of the hazards in the commission’s announcement involved ejection of infants during motor vehicle accidents or complaints regarding a five-point harness system such as the harness on the SnugRide. Although relator made a general assertion of attorney-client and work-product privileges to all of plaintiff’s requests and produced a withholding statement, respondent ruled that relator had failed to preserve all privileges. The petition was relator’s third petition on issues arising from the same request for production, and one of relator’s petitions was pending before a higher court at the time its present petition went before the court. HOLDING:The court conditionally grants the relief sought by relator. At issue before the court is whether relator waived all privileges by failing to include specific assertions of privilege in its initial response to plaintiff’s fourth request for production. The court examines the parties’ statements on the record and finds it clear that respondent based her ruling on relator’s failure to include in its initial response specific assertions of privilege to each of plaintiff’s particular requests. Later in the same exchange, respondent specifically stated that, in her opinion, relator’s general objection based on attorney-client and work-product privileges, which she described as “boilerplate language,” was insufficient to preserve a claim of privilege. The court also finds from the parties’ statements that counsel for relator informed respondent that a withholding statement had been timely tendered to counsel for plaintiff and that the production of such a withholding statement is the proper manner of asserting privileges. The court finds it understandable that confusion was caused by the general objection made in relator’s response to plaintiff’s request for production, because the evidentiary rules specifically instruct counsel not to object to written discovery based on privileges. But the court holds that, although the objection was inappropriate, the rules specify that an objection to written discovery based on privilege will not waive a privilege, as long as the party complies with Texas Rule of Evidence 193.3(a). Because the court finds that relator followed rule 193.3(a), the court holds the trial court’s ruling that relator waived all privileges was an error of law and, as such, amounted to an abuse of discretion. Consequently, the court orders respondent to vacate her order and states that a writ of mandamus will issue if respondent refuses to comply with the court’s instructions. OPINION:Garza, J.; Valdez, C.J., Castillo and Garza, JJ.

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