Guffey v. Kyriazis

44 Pa. D. & C.5th 141
Pennsylvania Court of Common Pleas, Lackawanna County·Decided December 23, 2014·No. No. 2009-2308·Published

Opinion

MINORA, J.,

Before the court is defendant’s petition for appeal of special trial master (STM) for discovery, attorney Henry Burke’s order dated May 8, 2014. In that order, STM Burke entered an order imposing potential sanctions upon the defendant if the information ordered to be produced was not produced within thirty (30) days. The order also precluded defendant from presenting the testimony of Amir Fayyazi, M.D. For the reasons that follow, defendant’s petition for appeal of [143]*143the STM’s order is granted and affirmed and it is ordered that defense counsel is to pay for plaintiffs legal expenses associated with the disco veiy regarding VS AS and Amir Fayyazi, M.D.

I. FACTUAL AND PROCEDURAL HISTORY

This case arises from a motor vehicle accident which occurred on November 5, 2007 at 2:35 A.M. William Guffey was driving, and Joyce Guffey (hereinafter “plaintiffs”) was a passenger in their 2003 Ford Escape. Plaintiffs were stopped at a traffic light on the intersection of North Main Avenue and Wood Street in Scranton, Pennsylvania. At that time, Steven Kyriazis (hereinafter “defendant Kyriazia”), operating a vehicle jointly owned by him and Amy Marta (hereinafter “defendant Marta”), rear-ended plaintiffs’ vehicle, pushing the vehicle into the intersection. Plaintiffs’ complaint alleged defendant Kyriazis fled the scene of the accident to conceal his intoxication. Defendant Kyriazis allegedly advised defendant Marta of what had happened and sent her back to the scene of the accident to “cover up” the fact that he was operating the vehicle. Plaintiffs’ complaint also alleged that defendant Marta negligently entrusted her vehicle to defendant Kyriazis, knowing that he was under the influence but allowing him to operate her vehicle nonetheless. Both plaintiffs suffered aggravations of preexisting neck injuries as a result of the accident.

On November 21,2008, defendant Kyriazis pled guilty to a DUI and admitted in his guilty plea colloquy that he was aware of and knew that plaintiffs were injured in the [144]*144collision and fled the scene.

All defendants filed preliminary objections to plaintiffs’ complaint on May 15, 2009, which were sustained in part and denied in part.1 Plaintiffs filed a certificate of readiness for jury trial on November 2, 2011. The certificate of readiness was subsequently stricken by order of this court on November 18, 2011.

On March 16, 2012, all defendants filed a motion for partial summary judgment.2 On September 21, 2012, the court granted partial summary judgment in favor of defendants, ruling that defendant Marta did not breach a negligent entrustment duty to plaintiffs because there was not sufficient evidence to show that defendant Kyriazis was intoxicated at the time the motor vehicle was entrusted to the defendant. Therefore that was no evidence to support a claim of punitive damages. On October 2, 2012, plaintiffs filed a motion to amend the order for purposes of taking an interlocutory appeal. All defendants filed a response to the motion November 1, 2012. The court denied the interlocutory appeal by order dated December 3,2012 and the order was sustained by the Superior Court denying the appeal attempt.

[145]*145Not content to have fought over preliminary objections, a motion for partial summary judgment and an interlocutory appeal, the parties decided to focus their disputes on discovery issues. On April 7, 2011, our STM issued a Rule to Show Cause upon defendant Kyriazis and his counsel attorney Edward Neyhart why plaintiffs’ motion to compel and/or sanctions should not be granted. On May 9, 2011, a second motion to compel brought by plaintiffs seeking the Main Street address for defendant Kyriazis was granted by the STM with the sought after address to be provided within twenty (20) days.

Pursuant to Pa.R.C.P. 4010, plaintiffs submitted to a defense medical examination performed by Dr. Fayyazi on May 24, 2012. On May 25, 2012, plaintiffs served all defendants with interrogatories regarding financial information and past litigation experiences of Dr. Fayyazi and his medical group VS AS. On June 21, 2012, in anticipation of defendants’ objection to the interrogatories, plaintiffs filed a brief in opposition to any objections to the interrogatories defendants may have had. On July 3, 2012, defense counsel provided the anticipated motion, asserting reasons why certain interrogatories were not compliant with Pa.R.C.P. 4005.

On July 23, 2012, our STM issued an order in favor of plaintiffs, overruling defendants’ objections to plaintiffs’ interrogatories. The order required defendants to declare their expert, Dr. Fayyazi, to be used at trial and further required Dr. Fayyazi to answer full, complete financial interrogatories concerning he and his medical Group VSAS, going back three (3) years no later than September [146]*14615,2012. On August 1,2012 all defendants filed an appeal of the STM’s order. On February 3, 2014, the honorable judge Carmen D. Minora affirmed the STM’s order, and further ordered that the interrogatories be answered and be provided within thirty (30) days of the court’s order.

Pursuant to Pa.R.C.P. 4019, plaintiffs filed a motion for sanctions on April 23, 2014. On May 7, 2014, defendants filed a notice of intent to serve a subpoena to produce documents and things for discovery pursuant to Pa.R.C.P. 4009.21 to Dr. Gillick and Dr. Wolk of Northeastern Rehabilitation Associates. The April 23, 2014 motion was argued on May 8, 2014 and the STM entered an order giving defendants thirty (30) days to provide the ordered discovery or to have Dr. Fayyazi precluded from testifying at trial (hereinafter “the order”). On May 12, 2014, plaintiffs filed an objection to defendants subpoenas. On May 19, 2014, all defendants filed the current appeal of the order, and on June 3, 2014, plaintiffs filed a response to defendants’ appeal. On July 15, 2014, plaintiffs filed their brief in opposition to defendants’ appeal. On July 24, 2014, all defendants filed their brief in support of appeal of the order. On August 15, 2014, defendant’s filed their supplemental brief in support of appeal from the order. On August 26, 2014, plaintiffs filed their supplemental brief in opposition to defendants’ appeal from the order. On September 10, 2014, defendants filed their reply brief to the plaintiffs’ brief in opposition to defendants’ appeal of the order.

II. LEGAL ARGUMENTS OF THE PARTIES

[147]*147I. Defendants’ Argument

Defendants argue that it was inappropriate for the STM to enter an order potentially precluding Dr. Fayyazi from testifying at trial where the defendant had demonstrated a good faith effort to obtain the requested information. Specifically, defendants argue the Pennsylvania Rules of Civil Procedure, Rule 4019 does not authorize the sanction of precluding a witness where the party has engaged in a good faith effort to obtain the information requested. Defendants’ counsel contends that “the court should analyze this factual scenario in accordance with precedent and established law regarding the unavailability of witnesses and the information they could provide.” See defendants’ supplemental brief in support of appeal from order of special trial master Dated May 8,2014, at 5.

II. Plaintiffs’Argument

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Guffey v. Kyriazis, 44 Pa. D. & C.5th 141 (Pa. Super. Ct. 2014).

44 Pa. D. & C.5th 141 (Guffey v. Kyriazis) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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