Anderson v. Arrow Trucking Co.

181 S.W.3d 185, 2005 Mo. App. LEXIS 1657, 2005 WL 2977813
CourtMissouri Court of Appeals
DecidedNovember 8, 2005
DocketWD 64997
StatusPublished
Cited by5 cases

This text of 181 S.W.3d 185 (Anderson v. Arrow Trucking Co.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. Arrow Trucking Co., 181 S.W.3d 185, 2005 Mo. App. LEXIS 1657, 2005 WL 2977813 (Mo. Ct. App. 2005).

Opinion

*187 PAUL M. SPINDEN, Judge.

The circuit court, apparently convinced that Arrow Trucking Company had been evasive and not forthcoming in supplying information and documents requested by the plaintiffs during discovery, struck Arrow Trucking’s pleadings for violating Rule 61.01 and entered judgment on liability against it. We affirm the circuit court’s judgment.

Precipitating this lawsuit was a 1998 collision between a car driven by Tracey Frerich, in which Judy Anderson, Cody Allen, and Brady and Emma Storms were passengers, 1 and one of Arrow Trucking’s tractor-trailer rigs. The rig moved into the same lane of traffic in which Frerich’s car was traveling. Frerich swerved her car to the left, but the car was crushed between a guardrail and the rig. The rig dragged Frerich’s car down the highway.

On March 14, 2003, the plaintiffs sued Arrow Trucking and the Missouri Department of Transportation. The plaintiffs later served Arrow Trucking with interrogatories and requests for production. Arrow Trucking responded on June 27 by objecting to several of the plaintiffs’ requests. The plaintiffs and Arrow Trucking resolved some of their disagreements, and they asked the circuit court to resolve the remaining ones. The circuit court overruled several of Arrow Trucking’s objections during a telephone conference on February 11, 2004. The parties exchanged letters stating that they mutually understood the circuit court’s rulings.

On April 2, 2004, Arrow Trucking had not responded to the plaintiffs’ requests, and the plaintiffs sent a letter to Arrow Trucking demanding the information and documents. When Arrow Trucking still had not yet provided the information 25 days later, the plaintiffs filed two motions to enforce discovery. Arrow Trucking did not respond to either one. On May 11, the circuit court ordered Arrow Trucking to provide “full and complete responses” to the plaintiffs’ discovery requests within 10 days. Arrow Trucking filed supplemental responses on May 21.

Not satisfied with Arrow Trucking’s responses, the plaintiffs filed a motion asking the circuit court to impose sanctions against Arrow Trucking pursuant to Rule 61.01. The plaintiffs argued that Arrow Trucking did not comply with the circuit court’s order of February 11 and that Arrow Trucking’s responses of May 21 were evasive and incomplete. After a hearing on July 22, the circuit court granted the plaintiffs’ motion and struck Arrow Trucking’s pleadings.

A hearing on damages followed in September. The circuit court did not allow Arrow Trucking to present evidence or to cross-examine witnesses unless the plaintiffs presented new evidence. The plaintiffs did not present any new evidence. On December 7, the circuit court entered judgment against Arrow Trucking.

In appealing the judgment, Arrow Trucking first contends that the circuit court’s order of May 11 was the only order compelling it to respond to the plaintiffs’ discovery requests, and, because it responded within 10 days, that the circuit court lacked jurisdiction to strike its answer and enter judgment against it. The plaintiffs counter that the circuit court overruled several of Arrow Trucking’s discovery objections on February 11 and ordered the firm to respond. Arrow Trucking violated the order, the plaintiffs contend, by not responding.

The plaintiffs are correct. The circuit court specifically overruled several of Ar *188 row Trucking’s objections. Arrow Trucking acknowledged the circuit court’s ruling in its letter of February 16 to the plaintiffs. For example, Arrow Trucking objected to Interrogatory No. 10 in the plaintiffs’ first set of interrogatories, and, after the February 11 discovery conference, it acknowledged that the circuit court had ruled that it was obligated to provide the information requested. Because the circuit court had overruled Arrow Trucking’s objections, Rule 61.01 obligated it to respond. When Arrow Trucking still had not responded on April 27, the circuit court had discretion to sanction it, assuming that Arrow Trucking had received reasonable notice. Rule 61.01. Contrary to Arrow Trucking’s contention, it violated a discovery order and, after the plaintiffs moved to enforce discovery, the circuit court had jurisdiction to sanction it.

Arrow Trucking argues that Rule 32.2.4 of the Sixteenth Judicial Circuit deprived the circuit court of jurisdiction “to overrule [Arrow’s] objections and enter an Order” on February 11, because the plaintiffs had not' filed a motion to enforce discovery. Arrow Trucking misreads the rule. Rule 32.2.4 says, “Motions to compel answers to interrogatories will not be entertained by the Court. A failure to fully answer interrogatories shall be directed to the Court’s attention by filing a Motion for Enforcement of Discovery pursuant to Supreme Court Rule 61.01.”. Rule 61.01 empowers the circuit courts to “make such orders ... as are just” on motion and reasonable notice to a party that does not respond to discovery requests.

Rule 32.2.4’s purpose is simple and obvious: It directs a party wanting the circuit court to enforce its discovery order to Rule 61.01. In doing so, Rule 32.2.4 does not reverse the circuit court’s long-standing authority to manage discovery by holding discovery conferences and ruling on discovery objections.

■ In this case, the parties resolved most of their disputes, but they sought the circuit court’s intervention on their remaining points of disagreement. The circuit court had authority to overrule Arrow Trucking’s discovery objections and to order it to respond even though the plaintiffs had not filed a motion to enforce discovery. The plaintiffs filed a motion to enforce discovery before the circuit court’s order of May 11, giving the circuit court authority to sanction Arrow Trucking under Rule 61.01.

Furthermore, Arrow Trucking does not explain how Rule 32.2.4 applies to Arrow Trucking’s objections to plaintiffs’ requests for production. That rule addresses only failure to answer interrogatories, not failure to produce requested documents. Even were Arrow Trucking’s reading of Rule 32.2.4 correct, the rule would not be pertinent to the dispute concerning requests for production.

Arrow Trucking next argues that the circuit court abused its discretion by striking its answer to the plaintiffs’ complaint and by entering default judgment against it. Arrow Trucking contends that the abuse of discretion was manifested in the lack of prejudice to the plaintiffs and by the lack of evidence that Arrow Trucking failed to act by virtue of a contumacious, deliberate disregard for the circuit court’s order.

The circuit court has much discretion in controlling discovery and in determining the proper remedy — including sanctions — for a party’s noncompliance with discovery. Dorsch v. Family Medicine, Inc., 159 S.W.3d 424, 439 (Mo.App.2005). The circuit court must treat “an evasive or incomplete answer ... as a failure to answer.” Rule 61.01(a). Sanctions for failing to answer may include *189 striking the offending party’s pleadings and entering default judgment when the offending party has shown a contumacious, deliberate disregard for the circuit court’s authority.

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Cite This Page — Counsel Stack

Bluebook (online)
181 S.W.3d 185, 2005 Mo. App. LEXIS 1657, 2005 WL 2977813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-arrow-trucking-co-moctapp-2005.