Dragon Mraovic v. Elgin, Joliet & Eastern Railway Company

897 F.2d 268, 15 Fed. R. Serv. 3d 1455, 1990 U.S. App. LEXIS 3612, 1990 WL 25081
CourtCourt of Appeals for the Seventh Circuit
DecidedMarch 8, 1990
Docket89-1049
StatusPublished
Cited by17 cases

This text of 897 F.2d 268 (Dragon Mraovic v. Elgin, Joliet & Eastern Railway Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dragon Mraovic v. Elgin, Joliet & Eastern Railway Company, 897 F.2d 268, 15 Fed. R. Serv. 3d 1455, 1990 U.S. App. LEXIS 3612, 1990 WL 25081 (7th Cir. 1990).

Opinion

MANION, Circuit Judge.

Dragon Mraovic was an employee of El-gin, Joliet & Eastern Railway (Elgin). While on duty, he injured his arm shutting a glass window in the lunchroom. He sued the railroad under the Federal Employers’ Liability Act. A jury found the railroad not liable for Mraovic’s injuries. He appeals the district court’s denial of his motion for a new trial. We affirm.

I. BACKGROUND

Elgin employed Mraovic as an electrician. On a cold day in March 1984, he arrived for work and entered the employees’ lunchroom. There he found an open window of the type used in schools — high in a wall, to be opened and closed only by a long pole. When Mraovic tried to close the window it shattered, cutting him severely. Over the next few years he was treated by several doctors and had surgery on the arm three times. He attempted but was unable to return to work in 1986.

Although those facts are the reason Mraovic initially filed this lawsuit, his appeal is based less on what happened to him in the lunchroom than on what happened to his attorney before and during trial. This case was more than two years old when the trial judge set dates for close of discovery (July 8, 1987), the final pretrial order (August 3, 1987), and a firm trial date (August 26, 1987).

On July 30 — three weeks after discovery closed — Mraovic’s attorney, John C. Sands, met with Elgin’s attorney to prepare the final pretrial order. For the first time Sands identified two non-medical witnesses that he wanted to list as experts. Elgin’s attorney objected to these witnesses because they were not named until after discovery had closed. Elgin included the objection in the pretrial order and later filed a written motion seeking to have the proposed witnesses barred. At that same meeting, the parties agreed Elgin’s expert doctor could examine Mraovic before trial, because Elgin was entitled to a medical evaluation of the injury and all the medical evidence to that point was in Mraovic’s exclusive control. The parties further agreed that Elgin’s examining doctor would promptly furnish a report to Sands, and that Sands would have the right to depose the doctor before trial. These agreements were part of the final pretrial order prepared by the attorneys, and be *270 came the court’s order when signed by the district court judge on August 7, 1987.

On August 14, the day the medical examination was scheduled, Sands called Elgin’s attorney and told him Mraovic would not appear for the exam unless Elgin signed a stipulation withdrawing its timeliness objection to Mraovic’s proposed expert witnesses. Elgin refused, and Mraovic deliberately skipped the appointment on Sands’ advice. Sands instead arranged for Mrao-vic to be examined by a doctor Sands hoped to call as an expert witness.

At the final pretrial conference, 19 days before the firm trial date, Sands moved for a continuance because he had not arranged for his medical experts to be available for the trial. The district court denied the motion because it believed Mraovic had made no effort to prepare himself for trial on the scheduled date, and because the court had previously admonished Sands on numerous occasions to be prepared on the firm trial date. A written continuance motion followed, which the court also denied.

On the day of trial, the district court denied Elgin’s motion to bar testimony from Mraovic’s two non-medical expert witnesses who were revealed after discovery. Even though Sands had not identified the witnesses on time, the court ruled that Elgin’s attorney would be allowed to depose them that night or during the trial before their testimony. (Yet after all that, Mraovic did not use either witness.)

The court then considered what it termed a “more serious matter” — the railroad’s motion for sanctions based on the deliberate violation of the August 7 court order providing for Mraovic to be examined by defendant’s doctor. After granting the motion for sanctions, and with the jury waiting outside the courtroom, the judge asked both sides to submit proposed sanctions. Elgin suggested that Mraovic should be precluded from presenting expert medical testimony, since his violation of the court order put Elgin at a disadvantage by not having testimony from its medical expert. Sands then revealed that he had not been able to arrange for the testimony of Mraovic’s treating physician, and again requested a continuance, but proposed no alternative sanctions. The judge reiterated his request for Sands to provide a specific proposal on lesser, alternative sanctions. After consulting with his client, Sands suggested that he personally be assessed court costs for the three days the jury was to have sat, and again requested that the court grant a continuance. Having already rejected several motions for continuance, and having a full calendar for the next few weeks, the district court granted the railroad's motion to prevent Mraovic from introducing any expert medical testimony related to his injury, and reiterated that the scheduled three-day trial would begin that day.

At trial, Mraovic was allowed to present testimony showing that an injury occurred, and that the injury caused pain and suffering. He was not restricted in any way from presenting evidence that Elgin was responsible for his injuries. After trial, the jury concluded that Elgin was not liable, and thus never reached the issue of damages.

Mraovic appeals: 1) the district court’s refusal to grant a continuance because his medical experts were unavailable; 2) the district court’s sanction preventing Mraovic from presenting any expert medical testimony instead of a lesser sanction such as assessing court costs to Mraovic’s attorney; and 3) certain of the district court’s eviden-tiary and procedural rulings. Mraovic also presents the issue whether he was denied a fair trial by the district court judge’s “continued disparagement” of his attorney Sands.

II. DISCUSSION

A. Mraovic’s Motion for Continuance

District courts have wide discretion to control their docket by granting or denying motions to continue. Northern Indiana Public Service Co. v. Carbon County Coal Co., 799 F.2d 265, 269 (7th Cir.1986). When reviewing challenges for abuse of discretion in district court scheduling, we have concluded that “[mjatters of trial management are for the district judge; *271 we intervene only when it is apparent that the judge has acted unreasonably. The occasions for intervention are rare.” Id.

In this case, the district court's refusal to postpone the trial because Mrao-vic’s medical experts were unavailable was not unreasonable. Mraovic had more than two-and-a-half months to arrange testimony from his doctors after the district court set a firm trial date. Mraovic had almost three more weeks to arrange their testimony after the court denied his motion for continuance. Yet he made no effort to arrange their testimony until the week before trial. Further, the district court made painstakingly clear that the trial would go forward on the scheduled date, and Mrao-vic promised to be ready. Under Fed.R. Civ.P.

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Cite This Page — Counsel Stack

Bluebook (online)
897 F.2d 268, 15 Fed. R. Serv. 3d 1455, 1990 U.S. App. LEXIS 3612, 1990 WL 25081, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dragon-mraovic-v-elgin-joliet-eastern-railway-company-ca7-1990.