Katarina Hoock v. SLB Acquisition LLC d/b/a Scottrade Center

CourtMissouri Court of Appeals
DecidedMarch 23, 2021
DocketED108473
StatusPublished

This text of Katarina Hoock v. SLB Acquisition LLC d/b/a Scottrade Center (Katarina Hoock v. SLB Acquisition LLC d/b/a Scottrade Center) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Katarina Hoock v. SLB Acquisition LLC d/b/a Scottrade Center, (Mo. Ct. App. 2021).

Opinion

In the Missouri Court of Appeals Eastern District DIVISION THREE

KATARINA HOOCK, ) No. ED108473 ) Respondent, ) Appeal from the Circuit Court ) of the City of St. Louis v. ) ) Honorable Clinton R. Wright SLB ACQUISITION, LLC D/B/A ) SCOTTRADE CENTER, ) ) Appellant. ) FILED: March 23, 2021

Introduction

SLB Acquisition, LLC (“SLB”) appeals from the trial court’s judgment following a jury

trial on Katarina Hoock’s (“Hoock”) personal injury action. SLB raises two points on appeal.

Point One argues the trial court lacked authority under Rule 61.011 to enter an order of default

against SLB for discovery violations because the order improperly expanded the sanction from a

prior order that merely struck their pleadings. Point Two contends the trial court abused its

discretion in denying SLB’s continuance motion due to Hoock’s late production of medical

records. Because the trial court was free to modify its interlocutory order striking SLB’s

pleadings, the trial court did not err in entering its order of default against SLB, and we deny

Point One. Because the record of medical history disclosures and prior litigation in the case

provided SLB ample opportunity to avoid unfair surprise or prejudice arising from trying the

1 All Rule references are to Mo. R. Civ. P. (2019). case on the date of trial, the trial court did not abuse its discretion in denying SLB’s second

motion for a continuance the day before trial, and we deny Point Two. Accordingly, we affirm

the judgment of the trial court.

Factual and Procedural History

This appeal arises out of a personal injury action filed against SLB by Hoock following

her injury at a St. Louis Blues hockey game at the Scottrade Center on January 18, 2016. At that

game, an unruly patron fell on Hoock from a higher seating row. Hoock was taken by

ambulance to the hospital, where doctors performed a CT scan and determined she had suffered a

closed head injury and cervical strain. Hoock took time off work for recovery and followed up

with her primary care physicians. When Hoock complained of memory issues, nausea, and

vertigo, she was diagnosed with post-concussive syndrome and was directed to a neurologist.

Hoock’s medical records indicated short-term memory dysfunction, dizziness, headaches,

depression, and fatigue. Hoock filed a personal injury action against the patron and SLB in

November, 2016.

As the case was litigated, both parties alleged violations of the rules of discovery against

the other. Following Hoock’s second motion to compel and to award sanctions, the trial court

found a history of delay and obfuscation on the part of SLB and issued an order (the “Sanction

Order”) finding that SLB’s discovery violations constituted contumacious and deliberate

disregard of the trial court’s authority. The Sanction Order struck SLB’s pleadings and

affirmative defenses. The Sanction Order also ordered SLB to present its corporate

representative for deposition, ordered SLB to produce certain documents and respond to certain

interrogatories, and awarded Hoock $5,000 in attorneys’ fees. SLB later moved for leave to file

its answer and affirmative defenses following its compliance with the Sanction Order. Hoock

2 opposed the motion, arguing that the sanctions were proper, SLB had not fully complied with the

Sanction Order, and Hoock would suffer prejudice if the sanction were vacated. After a change

of judge, the trial court heard SLB’s motion and argument at two subsequent hearings, and took

the sanction matter under submission.

The trial court issued its order (the “Default Order”) denying SLB’s motion for leave to

file an answer and affirmative defenses, and entered a judgment of default against SLB as to

liability on Hoock’s claim. The trial court explained that SLB was “effectively asking the Court

to reconsider its sanctions against it” and denied SLB leave to refile its pleadings. In the Default

Order, the trial court found:

Based on the briefs, the arguments of counsel and the Court’s review of the file, the Court finds that there is no justification for setting aside or vacating the sanction entered against [SLB] or disturbing the Court’s earlier finding that [SLB] exhibited a “contumacious and deliberate disregard of this Court's authority” due to a number of discovery abuses, and that [Hoock] has suffered substantial prejudice as a result thereof. Accordingly, [SLB]’s Motion for Leave to File Answer and Affirmative Defenses is hereby denied.

Further, based on the arguments presented in the briefs and at the hearing, the Court finds it would be beneficial to clarify its earlier Sanction Order. In the Sanction Order, by striking [SLB’s] entire answer and its affirmative defenses, the Court’s intention was to foreclose all argument regarding and [sic] need for Plaintiff to prove [SLB]’s liability at trial, leaving the extent of [Hoock]’s damages as the only issue for trial with respect to [Hoock]’s claims against [SLB]. While the Court believes that its earlier Sanction Order was sufficient to accomplish this goal, in order to avoid any confusion at trial, the Court hereby enters an interlocutory judgment of default against [SLB] as to liability on [Hoock]’s claims against [SLB].

Trial was set for June 3, 2019. SLB moved for a continuance, which the trial court

granted. SLB acknowledged in its subsequent motion for sanctions and to compel that its first

motion for a continuance had been granted so that SLB could depose Dr. Susan Davis (“Dr.

Davis”). Hoock was treated by Dr. Davis in December 2017 and again in 2019 at the same

3 facility as Hoock’s other primary-care practitioners but had not been disclosed prior to SLB’s

expert’s review of the case.

The day before trial, which had been reset for August 26, 2019, SLB filed a second

motion for sanctions and trial continuance (the “Continuance Motion”), alleging a continuance

and other sanction-based remedies were needed due to Hoock’s late production of relevant

medical records. Prior to filing this motion, SLB had moved for sanctions and/or to compel

production of various medical records for delayed disclosure, which SLB incorporated into its

Continuance Motion by Rule 55.12. Following hearings, the trial court had denied SLB’s

motion for sanctions but ordered Hoock to execute additional authorizations to facilitate the

production of various medical records, including records from Dr. Joel Koenig (“Dr. Koenig”).

The parties presented written and oral arguments before the trial court on the

Continuance Motion. The Continuance Motion claimed Hoock had engaged in a pattern of

concealment about her medical condition before and after the incident. The Continuance Motion

alleged Hoock produced new, relevant medical records less than two weeks before trial.

Specifically, SLB alleged Hoock produced new records from 2006 to 2012 (the “2006-2012

Records”), including records involving Dr. Koenig’s treatment of Hoock when she was in middle

school between 2006 and 2007. These records evidenced treatment for depression, headaches,

dizziness, difficulty concentrating, anxiety, and photophobia, all occurring prior to Hoock’s

disclosed 2012 concussions from sports injuries and a car accident.2 SLB also claimed Hoock

produced new records of a December 2017 visit with a late-disclosed medical provider (the

“Davis Records”). Additionally, the Continuance Motion averred that after corrected

authorizations were executed by Hoock earlier that month, SLB received records from other

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Katarina Hoock v. SLB Acquisition LLC d/b/a Scottrade Center, Counsel Stack Legal Research, https://law.counselstack.com/opinion/katarina-hoock-v-slb-acquisition-llc-dba-scottrade-center-moctapp-2021.