Dubois v. William W. Backus Hospital

887 A.2d 407, 92 Conn. App. 743, 2005 Conn. App. LEXIS 536
CourtConnecticut Appellate Court
DecidedDecember 27, 2005
DocketAC 24694
StatusPublished
Cited by8 cases

This text of 887 A.2d 407 (Dubois v. William W. Backus Hospital) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dubois v. William W. Backus Hospital, 887 A.2d 407, 92 Conn. App. 743, 2005 Conn. App. LEXIS 536 (Colo. Ct. App. 2005).

Opinion

Opinion

DRANGINIS, J.

The plaintiff, David DuBois, appeals from the trial court’s judgment dismissing the action in favor of the defendant, William W. Backus Hospital. On appeal, the plaintiff claims that the court improperly [745]*745(1) imposed a $19,199.21 sanction against him and (2) granted the defendant’s motion for a judgment of dismissal for failing to respond to discovery requests. We agree in part with the first claim and, accordingly, reverse the judgment of the trial court as to the amount of sanctions that was not liquidated prior to the judgment of dismissal. We affirm the judgment of dismissal.

The following facts and procedural history are pertinent to our discussion of the issues on appeal. This appeal arises out of a wrongful discharge action brought by the plaintiff after his employment was terminated by the defendant on March 11, 1999. On January 11, 2002, the plaintiff initiated this action through counsel.1 The discovery process began with the defendant’s filing its first set of requests for admission on May 8, 2002. Throughout the discovery process, the plaintiff failed to respond to multiple discovery requests, which included interrogatories and various requests for admissions and documents. From November, 2002, to February, 2003, the defendant filed eight motions for orders of compliance or sanctions2 against the plaintiff pursuant to Prac[746]*746tice Book § 13-14. Briefly summarized, in four of the eight motions, the defendant moved the court to impose sanctions on the plaintiff and to direct the payment of specific costs, including attorney’s fees associated with filing the motions.3 In the other four motions, the defendant moved the court to impose sanctions on the plaintiff and to direct the payment of unspecified costs, including attorney’s fees associated with filing the motions.4 The plaintiff failed to oppose those eight motions, which were placed on the short calendar for July 21, 2003, as arguable.5 All eight motions were granted by the court, Hon. D. Michael Hurley, judge trial referee, on July 22, 2003. On August 10, 2003, the plaintiff, acting pro se, filed a motion to reargue the motions for orders of compliance or sanctions pursuant [747]*747to Practice Book § 11-11; however, he failed to list the grounds on which he was relying. The motion to reargue was denied by the court. On August 20, 2003, the defendant filed a motion for a judgment of dismissal pursuant to Practice Book § 13-14 (a) with prejudice nunc pro tunc and to reduce the sanctions and compliance orders to judgment. In the motion for a judgment of dismissal, the defendant represented that all eight motions were granted previously by Judge Hurley and that specific costs had been ordered with each motion. On September 15, 2003, the court, Gordon, J., granted the motion for a judgment of dismissal and reduced the orders for compliance or sanctions to judgment ordering the plaintiff to pay the total sum of $19,199.21. In granting the motion, Judge Gordon imposed an additional sanction on the plaintiff and directed the payment of $2500 in costs, including attorney’s fees for filing the motion. This appeal followed. Additional facts will be provided as necessary to resolve the issues presented.

I

The plaintiff first claims that the court abused its discretion by imposing $19,199.21 as a discovery sanction.6 We agree in part that the court abused its discretion as to the amount of sanctions that was not liquidated prior to the judgment of dismissal.

We first set forth the applicable standard of review. “In order for a trial court’s order of sanctions for violation of a discovery order to withstand scrutiny, three requirements must be met. First, the order to be complied with must be reasonably clear. . . . This requirement poses a legal question that we will review de novo. Second, the record must establish that the order was in fact violated. This requirement poses a question of fact that we will review using a clearly erroneous stan-

[748]*748dard of review. Third, the sanction imposed must be proportional to the violation. This requirement poses a question of the discretion of the trial court that we will review for abuse of that discretion. . . .

“[T]he primary purpose of a sanction for violation of a discovery order is to ensure that the defendant’s rights are protected, not to exact punishment on the [plaintiff] for its allegedly improper conduct. . . . The determinative question for an appellate court is not whether it would have imposed a similar sanction but whether the trial court could reasonably conclude as it did given the facts presented. Never will the case on appeal look as it does to a [trial court] . . . faced with the need to impose reasonable bounds and order on discovery.” (Citations omitted; internal quotation marks omitted.) Usowski v. Jacobson, 267 Conn. 73, 85, 836 A.2d 1167 (2003).

The plaintiff does not claim that the orders were unclear or that he did not violate the discovery orders. Rather, the plaintiff argues that the sanctions ordered by the court were not proportional to the violation. We must, therefore, consider whether the court abused its discretion in ordering sanctions that were not proportional to the violation.

“We have long recognized that, apart from a specific rule of practice authorizing a sanction, the trial court has the inherent power to provide for the imposition of reasonable sanctions, to compel the observance of its rules. . . . Our trial courts have the inherent authority to impose sanctions against an attorney and his client for a course of claimed dilatory, bad faith and harassing litigation conduct, even in the absence of a specific rule or order of the court that is claimed to have been violated.” (Citations omitted; internal quotation marks omitted.) Millbrook Owners Assn., Inc. v. Hamilton Standard, 257 Conn. 1, 9-10, 776 A.2d 1115 (2001). [749]*749“[BJefore imposing any such sanctions, the court must afford the sanctioned party or attorney a proper hearing on the . . . motion for sanctions. . . . There must be fair notice and an opportunity for a hearing on the record.” (Citation omitted; internal quotation marks omitted.) Maris v. McGrath, 269 Conn. 834, 844, 850 A.2d 133 (2004).

In the present case, the plaintiff was ordered to pay monetary sanctions in the form of costs, which included attorney’s fees associated with filing the motions. Our Supreme Court has recently clarified the rule for attorney’s fees. See Smith v. Snyder, 267 Conn. 456, 479-80, 839 A.2d 589 (2004). “[W]hen a court is presented with a claim for attorney’s fees, the proponent must present to the court at the time of trial or, in the case of a default judgment, at the hearing in damages, a statement of the fees requested and a description of services rendered. Such a rule leaves no doubt about the burden on the party claiming attorney’s fees and affords the opposing party an opportunity to challenge the amount requested at the appropriate time.” Id., 479.

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Cite This Page — Counsel Stack

Bluebook (online)
887 A.2d 407, 92 Conn. App. 743, 2005 Conn. App. LEXIS 536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dubois-v-william-w-backus-hospital-connappct-2005.