Gibson v. GEICO General Ins. Co.

153 P.3d 312, 2007 Alas. LEXIS 20, 2007 WL 625206
CourtAlaska Supreme Court
DecidedMarch 2, 2007
DocketS-12109
StatusPublished
Cited by13 cases

This text of 153 P.3d 312 (Gibson v. GEICO General Ins. Co.) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gibson v. GEICO General Ins. Co., 153 P.3d 312, 2007 Alas. LEXIS 20, 2007 WL 625206 (Ala. 2007).

Opinion

153 P.3d 312 (2007)

Mary GIBSON, Appellant,
v.
GEICO GENERAL INSURANCE COMPANY, Appellee.

No. S-12109.

Supreme Court of Alaska.

March 2, 2007.

*314 Michaela Kelley Canterbury, Kelley & Canterbury, LLC, Anchorage, for Appellant.

Susan D. Mack, Call Hanson & Kell, P.C., Anchorage, for Appellee.

Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, and BRYNER, Justices.

OPINION

MATTHEWS, Justice.

I. INTRODUCTION

GEICO refused to pay on Mary Gibson's underinsured motorist policy, claiming that her damages did not exceed $50,000 and therefore were not high enough to trigger her policy. Gibson sued GEICO, and a jury determined that her damages amounted to $68,611. Gibson appeals several of the superior court's determinations, namely: preventing her from deposing two GEICO employees, preventing a GEICO employee from testifying at trial, improperly identifying GEICO to the jury, offsetting the jury verdict, inappropriately calculating attorney's fees and prejudgment interest, and refusing to review the clerk's cost determination. Perceiving no error, we affirm.

II. FACTS AND PROCEEDINGS

Mary Gibson was injured when Mary Kudlacik drove through a stop light and hit Gibson's car. Both Gibson and Kudlacik were covered by GEICO insurance. Gibson offered to settle for Kudlacik's policy limits of $50,000, and this was accepted. Gibson received the $50,000 facial policy limits of Kudlacik's policy, plus $12,747.89 in add-ons for a total of $62,747.89. Gibson informed GEICO that the policy limits settlement would trigger an underinsured motorist (UIM) claim under Gibson's policy. Gibson appears to have requested policy limits under her UIM coverage. GEICO rejected the policy limits *315 demand and declined arbitration. Gibson demanded arbitration, which GEICO again declined.

Gibson then filed a complaint against GEICO in superior court requesting (1) recognition of her UIM claim, (2) a court-tried case, (3) damages for her injuries, and (4) attorney's fees, interest, and costs. Gibson's complaint did not allege bad faith on the part of GEICO. GEICO denied the magnitude of Gibson's injuries and asserted that Kudlacik was not an underinsured driver because Gibson's injuries did not exceed the $50,000 policy limits she received under Kudlacik's policy. GEICO demanded a jury trial, which the superior court granted over Gibson's opposition and cross-motion for a court-tried case.

The parties proceeded with discovery. Gibson sought to depose two GEICO employees, Sue Smith and Michael Lina. Lina was identified in GEICO's Civil Rule 26(a)(1) initial disclosures as a person likely to have discoverable information, and Smith was listed on GEICO's preliminary witness list. GEICO moved for a protective order pursuant to Civil Rule 26(c) preventing Gibson's attempts to depose its two employees, arguing that Gibson's motive was to "harass, annoy and burden GEICO employees" by seeking irrelevant and inadmissible testimony. Gibson opposed the protective order motion and moved to compel the depositions. The court heard oral argument on GEICO's motion for a protective order and Gibson's motion to compel.

At oral argument, the court decided that the case would

look at trial . . . just as any auto injury case would. Here are our medical bills. The jury is not going to know what has been paid up to date, what insurance policy limits are, that there are two carriers. None of that is relevant to their determination, and all of it tends in fact to corrupt their determination, which is . . . what . . . this auto accident is worth. . . . So I'm going to deny any discovery which goes beyond what happened in the case. . . . [Plaintiff's attorney can call] plaintiff, occurrence witnesses, doctors, an economist, if he wishes, and then we're done.

Basically, the court appears to have denied Gibson's motion to compel on the grounds that Smith and Lina did not possess information relevant to the issues before the jury; that is, they possessed no relevant information regarding Gibson's damages.

Gibson then subpoenaed Lina to testify at trial. GEICO filed a motion to quash the subpoena based on the court's ruling in response to Gibson's motion to compel Lina's deposition. The court issued an order stating that Lina would not testify at trial unless Gibson could demonstrate that he had "admissible testimony to offer as to disputed facts." The only facts being disputed, of course, were those surrounding the extent of Gibson's damages.

Gibson then sought an order establishing the law of the case. Specifically, Gibson argued that the court's orders impermissibly redacted GEICO's role from the proceedings. GEICO responded that it should not be identified as an "underinsured" carrier because that would be tantamount to disclosing the underlying settlement, and that "the adjusters' analysis of the case, terms of the insurance policy, the underlying settlement for policy limits, settlement discussions and the amount of coverage available in the UIM policy are irrelevant to [Gibson's] damages."

The court denied Gibson's rule of law motion, stating that the matter had already been argued and explaining that "revealing the fact and amount of the insurance settlement" had the propensity to suggest to the jury the appropriate range of damages awards. Ultimately, Lina did not testify at trial.

The jury found that Gibson had suffered $68,611 in damages as a result of the collision.[1] GEICO moved for entry of final judgment, requesting an offset for Gibson's receipt of the $50,000 policy limits settlement from Kudlacik and requesting Rule 82 attorney's fees as the prevailing party. Gibson moved for entry of final judgment on the entire $68,611 award and requested attorney's *316 fees, costs, and prejudgment interest on that amount. Gibson also requested an upward variance from the Rule 82 attorney fee schedule and asserted that GEICO had failed to establish a right to set off Gibson's receipt of the $50,000 policy limits settlement from Kudlacik. GEICO objected to Gibson's request.

The court reduced the $68,611 award by $50,000, the "principal amount received from Underinsured driver, Mary Kudlacik." The court calculated prejudgment interest and attorney's fees based on the reduced award.

Gibson requested costs in the amount of $6,794.35. GEICO objected to a cost bill in excess of $2,717.62 for a variety of reasons. The Chief Deputy Clerk of Court awarded Gibson costs of $3,446.65. Gibson moved for review of the clerk's award. The court refused to review the clerk's decision because Gibson failed to "defend her filing by producing receipts to the clerk or addressing [GEICO's] arguments."

Gibson now appeals.

III. DISCUSSION

A. Did the Superior Court Abuse Its Discretion by Prohibiting Gibson from Deposing Lina and Smith?

This court reviews a trial court's discovery rulings for abuse of discretion.[2] This court exercises its independent judgment when interpreting a civil rule.[3] Gibson argues that the Alaska Rules of Civil Procedure permitted the deposition of Lina and Smith, that deposing them would likely have led to discovery of admissible evidence, and that Gibson was prejudiced by the court's limitations. GEICO argues that Lina's and Smith's "mental impressions" were not "relevant or likely to lead to relevant eviden[ce]."

Gibson cites Civil Rule 30, which permits a party to depose any person without leave of court. Gibson does not mention Civil Rule 26(b).

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Cite This Page — Counsel Stack

Bluebook (online)
153 P.3d 312, 2007 Alas. LEXIS 20, 2007 WL 625206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gibson-v-geico-general-ins-co-alaska-2007.