Collins v. Koppers, Inc.

59 So. 3d 582, 2011 Miss. LEXIS 216, 2011 WL 1498365
CourtMississippi Supreme Court
DecidedApril 21, 2011
DocketNo. 2009-CA-01678-SCT
StatusPublished
Cited by15 cases

This text of 59 So. 3d 582 (Collins v. Koppers, Inc.) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Collins v. Koppers, Inc., 59 So. 3d 582, 2011 Miss. LEXIS 216, 2011 WL 1498365 (Mich. 2011).

Opinion

LAMAR, Justice,

for the Court:

¶ 1. Shirley Collins filed suit against Koppers, Inc., and several other defendants, alleging that she was injured as a result of environmental contamination by a wood-treatment facility. The defendants filed a motion to dismiss after Collins repeatedly failed to comply with a court order to provide expert opinions that causally linked her injuries to the alleged contamination. The trial court granted the defendants’ motion to dismiss and awarded them attorneys’ fees. We find no abuse of discretion and affirm the trial court’s ruling.

FACTS AND PROCEDURAL HISTORY

¶ 2. On May 27, 2005, Rebekah Angle and multiple other plaintiffs (including Shirley Collins, the plaintiff in the present case) filed suit against several defendants, alleging injury from exposure to toxic chemicals allegedly emitted by a wood-treatment facility. The defendants filed a combined motion to sever and dismiss and for attorneys’ fees and sanctions, arguing that the claims were improperly joined. At the hearing on the motion, the trial judge randomly selected the names of several individual plaintiffs and asked plaintiffs’ counsel how those individuals had been damaged. Plaintiffs’ counsel was unable to inform the trial court as to how any of the individual plaintiffs had been injured by the defendants.

¶ 3. The trial judge found that the complaint did not “come anywhere close to providing the information that is required” by this Court’s decision in Harold’s Auto Parts v. Mangialardi,1 nor did it provide [585]*585the “ ‘core information’ that would provide the defendants with any meaningful information as to how and when each plaintiff was damaged.” The trial judge also found that joinder was improper, stating “[hjere the only common factor is that each plaintiff claims that at some point in their lives, they were damaged in some way by the creosote plant and/or the railroad company. That is not enough to satisfy the joinder rules of this state.” The trial judge subsequently entered an order severing the plaintiffs’ claims and ordering them to file separate complaints that satisfied the pleading requirements of Mangia-lardi within thirty days. He further ordered the plaintiffs’ attorneys to pay the reasonable attorneys’ fees and costs of the defendants “as sanctions.”

¶ 4. On March 17, 2006, Shirley Collins refiled her complaint individually. Collins’s suit named as defendants Hoppers, Inc., Beazer East, Inc., Three Rivers Management (collectively referred to as the “defendants”)2 and Illinois Central Railroad Company.3 Collins claimed that she was “exposed to harmful substances emanating from the defendants’ wood-treatment facility located in Grenada County.” Collins claimed that she suffered from a heart condition, high blood pressure, dizziness, and diabetes as a result of exposure to the toxic chemicals released by the'facility.

¶ 5. The defendants filed another motion to dismiss, arguing that Collins had failed to provide the “core information” required by Mcmgialardi The defendants argued that — despite the trial court’s earlier direction that each plaintiff file an individual complaint that complied with Mangialar-di — Collins had filed a “boilerplate complaint nearly identical to the mass joinder complaint originally filed in [the] case.” The defendants also pointed out that Collins’s complaint failed to provide any information as to how and when she was injured, the dates of any diagnoses, the manner and'frequency of her alleged exposure, or the locations of any alleged exposure. Finally, the defendants noted that the trial court’s previous order warned that any complaint that failed to met the Mangialardi pleading requirements would be dismissed with prejudice.

¶ 6. After being so ordered by the trial judge, Collins responded to the motion, arguing that she had (in good faith) included specific information in her complaint, and that the defendants were well aware of her claims because of similar ongoing litigation.4 The trial judge denied the defen[586]*586dants’ motion to dismiss, finding that the complaint did “at least set out a claim upon which relief could be granted.” But he ordered Collins to provide a more definite statement detailing “the dates of the alleged exposure and manifestation of injuries, the manner of any such exposure, and which chemicals caused the alleged injuries .... ” Collins filed the additional information as ordered,5 and the defendants subsequently filed their answers.

¶ 7. On September 7, 2006, the defendants propounded discovery to Collins, requesting, among other things, information relating to the experts on whom she had relied in making her claims. Specifically, defendants’ Interrogatory No. 21 read:

Identify any expert witness(es) whom Plaintiff may have testify at a trial or hearing in this matter and state with respect to each such expert:
a. The subject matter on which the expert is expected to testify;
b. The facts and opinions to which each expert is expected to testify; and
c. The grounds for each opinion.

Collins responded that she had “not determined which experts will testify at the trial or at a hearing in this matter,” but that she would “supplement responses to Interrogatory No. 21 when a determination has been made.... ” Several months later, the defendants filed additional discovery requests, again seeking information about Collins’s expert witnesses. Collins again responded that “the request calls for an expert opinion and ... no determination has been made as to what expert witnesses will be called to testify....”

¶ 8. Illinois Central also propounded discovery requests to Collins. After the deadline had passed with no response, counsel for Illinois Central conferred with Collins’s counsel, and they agreed to a response date. A week after the agreed response date, Collins submitted responses to a set of interrogatories propounded by Illinois Central in a different lawsuit. Counsel for Illinois Central alerted Collins’s counsel of the mistake, and Collins’s counsel indicated that he was “working on” the correct responses. After several months with no response, Illinois Central filed a motion to compel, which the trial court granted. Whether Collins ever responded to Illinois Central’s discovery requests is disputed by the parties.

¶ 9. On September 7, 2008, the defendants filed a motion for expert disclosure, seeking an order requiring Collins to identify the basis, including all expert opinions, for the contention that a particular chemical could cause the medical conditions Collins alleged in her complaint and for the contention that the particular chemical had caused those specific medical conditions. On December 3, 2008, the trial court granted the defendants’ motion, noting:

In order to establish [her] claims, [Collins] must establish by expert testimony a causal connection between the illnesses and the exposure to chemicals from the wood treat [sic] plant.

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Bluebook (online)
59 So. 3d 582, 2011 Miss. LEXIS 216, 2011 WL 1498365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collins-v-koppers-inc-miss-2011.