Jennings v. Architectural Products, Inc.

375 S.W.3d 685, 2010 Ark. App. 413, 2010 Ark. App. LEXIS 440
CourtCourt of Appeals of Arkansas
DecidedMay 12, 2010
DocketNo. CA 09-529
StatusPublished

This text of 375 S.W.3d 685 (Jennings v. Architectural Products, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jennings v. Architectural Products, Inc., 375 S.W.3d 685, 2010 Ark. App. 413, 2010 Ark. App. LEXIS 440 (Ark. Ct. App. 2010).

Opinion

JOHN B. ROBBINS, Judge.

| Appellant Anthony Jennings brought a personal injury action against appellee Architectural Products, Inc. Mr. Jennings, a driver for UPS, alleged that on or about May 28, 2002, he slipped and fell while delivering packages on the appellee’s premises. Mr. Jennings asserted that the fall was proximately caused by appellee’s negligence because it failed to maintain its premises in a reasonably safe condition. Mr. Jennings alleged that he sustained permanent disability, and sought damages for pain and suffering, medical expenses, and lost wages.

After a jury trial, the jury returned a verdict in favor of Architectural Products. Mr. Jennings now appeals, raising two arguments. First, he argues that the trial court erred in granting the appellee’s motion to exclude the introduction of his medical bills and records. Next, Mr. Jennings contends that the trial court erred in denying his motion to deem a fact 12admitted by Architectural Products, that fact being that Mr. Jennings was on the appellee’s premises at the time of the accident. We find no error and affirm.

As an initial matter, we address the appellee’s contention that Mr. Jennings’ appeal should be dismissed on the basis that his notice of appeal is defective. Rule 3(e) of the Rules of Appellate Procedure— Civil provides, in relevant part:

A notice of appeal or cross-appeal shall specify the party or parties taking the appeal; shall designate the judgment, decree, order or part thereof appealed from and shall designate the contents of the record on appeal. The notice shall also contain a statement that the appellant has ordered the transcript, or specific portions thereof, if oral testimony or proceedings are designated, and has made any financial arrangements required by the court reporter pursuant to Ark.Code Ann. § 16-13-510(c). The notice shall also state whether the appeal is to the Court of Appeals or to the Supreme Court; and if to the Supreme Court, the appellant shall designate the applicable subdivision of Supreme Court Rule l-2(a) which gives the Supreme Court jurisdiction.

Mr. Jennings’ notice of appeal only gives notice of “his intent to appeal the judgment entered in this matter on or about January 27, 2009.” Architectural Products accurately asserts that the notice of appeal fails to comport with Rule 3(e) in that it does not designate the record, does not contain a statement of financial arrangements, and does not designate which court is being appealed to. Moreover, the judgment was entered on January 26, 2009, not January 27, 2009.

Notwithstanding these deficiencies, we conclude that the notice of appeal is not fatally deficient because it was timely filed and substantially complies with the rule. While the filing of a notice of appeal is jurisdictional, the supreme court has required only substantial | ^compliance with the procedural steps set forth in Rule 3(e). Duncan v. Duncan, 2009 Ark. 565, 2009 WL 3786850; Rogers v. Tudor Ins. Co., 325 Ark. 226, 925 S.W.2d 395 (1996).

Although Mr. Jennings’ notice did not designate to which court he was appealing, the record was timely and properly filed in the court of appeals. And although Mr. Jennings’ notice did not designate the record or contain a statement of financial arrangements, financial arrangements were evidently made and the clerk’s certificate contained in the record certifies that we have received a true copy of the record. Mr. Jennings’ misidentification of the judgment was apparently a scrivener’s error, and his arguments on appeal are directed toward the January 26, 2009, order entered by the trial court. Therefore, that error was not fatally deficient. See Duncan, supra. In Rogers, supra, the supreme court held that the procedural steps outlined in Rule 3(e) require only substantial compliance, provided that the appellee has not been prejudiced by the failure to comply strictly with the rule. Because Mr. Jennings has substantially complied with the rule and there has been no prejudice to Architectural Products, we decline to dismiss this appeal.

We thus turn to the merits of this case. At the trial, Mr. Jennings testified about the alleged slip-and-fall accident that occurred on May 28, 2002. According to Mr. Jennings, it was raining that day and he drove to the premises owned by Architectural Products to deliver packages. When he arrived, there was a mat soaked with water outside the front door. Mr. Jennings testified that he walked over the mat and into the business pushing a dolly carrying packages. Mr. Jennings maintained that there was no mat inside the door, and that Rwhen he pushed the dolly across the tile floor to deliver the packages, he slipped and fell. Mr. Jennings said that as a result of the fall he sustained a herniated disc and other injuries to his back, and that he has incurred medical bills. He further testified that he has been unable to return to work for UPS since September 2002 and that he is on medical leave.

J.J. Faulkner is the owner of Architectural Products. He testified that before a lawsuit was filed, he was unaware of any accident occurring at the business on May 28, 2002. Mr. Faulkner spoke with numerous employees about the alleged incident, and none of them had any knowledge of it. Moreover, Mr. Faulkner was not aware of any documentation showing a UPS delivery on that date. As for the condition of the premises on the day of the alleged fall, Mr. Faulkner maintained that there was a carpet just inside the front door of the business.

Mr. Jennings’ first argument on appeal is that the trial court erred in granting Architectural Products’ motion to exclude his medical bills and records. During a pretrial hearing on the day of trial, Architectural Products objected to the introduction of medical bills that had been requested through discovery, but not provided by Mr. Jennings until 5:00 p.m. on the eve of trial. Mr. Jennings acknowledged that the medical records had not been provided until the day before, but contended that he had not obtained most of the records until recently, and that Architectural Products was not surprised by any of the documents because they already had them in their possession. The trial court ruled that the records were |Bnot timely provided to Architectural Products, and refused to allow Mr. Jennings to introduce them at trial.

The goal of discovery is to permit a litigant to obtain whatever information he may need to prepare adequately for issues that may develop without imposing an onerous burden on his adversary. Dodson v. Allstate Ins. Co., 345 Ark. 430, 47 S.W.3d 866 (2001). Imposition of sanctions for failure to provide discovery rests in the trial court’s discretion, and among the sanctions that may be imposed is prohibiting the introduction of evidence. See Coulson Oil Co. v. Tully, 84 Ark.App. 241, 139 S.W.3d 158 (2003). The supreme court has found an abuse of discretion where there has been an undue limitation of substantial rights of the appellant under the prevailing circumstances. Allen v. Greenland, 347 Ark. 465, 65 S.W.3d 424 (2002).

The thrust of Mr.

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Bluebook (online)
375 S.W.3d 685, 2010 Ark. App. 413, 2010 Ark. App. LEXIS 440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jennings-v-architectural-products-inc-arkctapp-2010.