Merithew v. Valentukonis

869 A.2d 1040, 2005 Pa. Super. 81, 2005 Pa. Super. LEXIS 331
CourtSuperior Court of Pennsylvania
DecidedFebruary 28, 2005
StatusPublished
Cited by12 cases

This text of 869 A.2d 1040 (Merithew v. Valentukonis) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Merithew v. Valentukonis, 869 A.2d 1040, 2005 Pa. Super. 81, 2005 Pa. Super. LEXIS 331 (Pa. Ct. App. 2005).

Opinions

OPINION BY

POPOVICH, J.:

¶ 1 Sharon Valentukonis appeals from the June 1, 2004 order of the Court of Common Pleas, Luzerne County, which granted the Merithews’ motion to compel and ordered Valentukonis to answer interrogatories regarding her financial worth. Upon review, we reverse the order.

¶ 2 The relevant facts and procedural history are as follows. Marian R. Meri-thew and David Merithew commenced a personal injury action against Valentukon-[1042]*1042is for injuries suffered from a motor vehicle accident on November 16, 2002. The Merithews sought personal injury damages based on negligence related to Valen-tukonis’ operation of her motor vehicle. The Merithews did not seek a claim for punitive damages. Valentukonis answered the complaint, and the case proceeded through the discovery process. Valentu-konis’ insurance company offered to settle the case for Valentukonis’ policy limit of $100,000.00. However; the insurance company made the offer beyond the Meri-thews’ time limitation.

¶ 3 On January 23, 2004, the Merithews served on Valentukonis a set of interrogatories and request for production of documents. Interrogatory numbers 24 through 124 requested information on Valentukon-is’ financial worth. On February 18, 2004, she objected to interrogatory numbers 24 through 124. On April 21, 2004, the Meri-thews filed a motion to compel. On May 24, 2004, Valentukonis answered the motion to compel, and the trial court conducted a hearing on the motion on the same date. On June 1, 2004, the trial court granted the Merithews’ motion and ordered Valentukonis to answer the interrogatories regarding financial worth. This timely appeal followed. The trial court did not order a 1925(b) statement nor did it author an opinion.

¶ 4 On appeal, Valentukonis questions:

Whether, in an ordinary automobile negligence case where punitive damages are not sought, but where the plaintiffs seek a verdict in excess of the defendant’s liability insurance coverage and where damages are in dispute, the plaintiffs are entitled to pre-judgment discovery of the defendant’s personal financial worth?

Appellant’s brief, at 4.

¶ 5 Before we address the merits of Valentukonis’ issue, we must first determine whether the appeal is properly before us as a collateral issue.

An appeal may be taken only from a final order unless otherwise permitted by statute or rule. A final order is ordinarily one which ends the litigation or disposes of the entire case; however, “an appeal may be taken as of right from a collateral order of an administrative agency or lower court.” Pa.R.A.P. 313(a).

Ben v. Schwartz, 556 Pa. 475, 481, 729 A.2d 547, 550 (1999). For an order to be collateral, and thus appealable, it must include the three factors defined in Pa. R.A.P. 313(b): (1) the order is separable from the main cause of action; (2) the right involved is too important to be denied review; and (3) the claim would be irreparably lost if review is postponed. See Ben, at 481, 729 A.2d at 550; Pa. R.A.P. 313(b).

¶ 6 This “collateral order doctrine is a specialized, practical application of the general rule that only final orders are appealable as of right.” Melvin v. Doe, 575 Pa. 264, 272, 836 A.2d 42, 46-47 (2003). Rule 313 must be interpreted narrowly, and each of the above prongs must be clearly present for an order to be considered collateral. Id., at 272, 836 A.2d at 47. The first prong is established by finding that the issue surrounding the disputed order may be addressed without analyzing the ultimate issue in the underlying case. Dibble v. Penn State Geisinger Clinic, Inc., 806 A.2d 866, 869-70 (Pa.Super.2002), appeal denied, 573 Pa. 666, 820 A.2d 705 (2003). As for the second prong, “it is not sufficient that the issue be important to the particular parties.” Geniviva v. Frisk, 555 Pa. 589, 598, 725 A.2d 1209, 1213-14 (1999). Instead, the issue “must involve rights deeply rooted in public policy going beyond the particular litigation at hand.” Id., at 598, 725 A.2d at 1214. A court may [1043]*1043conduct a balancing test between the nature of the potentially unprotected right and the efficiency interest of the final judgment rule. Dibble, 806 A.2d at 869-70 (citing Ben, 556 Pa. 475, 729 A.2d 547).

¶ 7 The June 1, 2004 order from which Valentukonis appeals compelled her to answer interrogatories regarding her financial worth. The relevance and admissibility of Valentukonis’ financial worth may be addressed without analyzing the Merithews’ claims of negligence. See Ben, 556 Pa. 475, 729 A.2d 547. Thus, the issue of discovering Valentukonis’ financial worth is separate from the merits of the Meri-thews’ personal injury claims, and the first prong is established.

¶ 8 Regarding the second prong, the June 1, 2004 order compels Valentukonis to answer interrogatories that would permit the Merithews to determine Valentu-konis’ complete financial worth. We agree with Valentukonis that her privacy interest in her financial information raises a sufficiently important public policy concern, and the second prong is established. Contrast Jacksonian v. Temple Univ. Health System Foundation, 2004 PA Super 450, 862 A.2d 1275.

¶ 9 The order also required Valentukon-is to produce the requested financial information within twenty days. Valentukonis’ privacy interest in her financial worth would be irreparably lost if she complied with the order. Thus, the third prong is met.

¶ 10 Accordingly, we conclude that the trial court’s June 1, 2004 order is a collateral order from which Valentukonis properly appeals. See Ben, 556 Pa. 475, 729 A.2d 547. See also J.S. v. Whetzel, 2004 PA Super 406, 860 A.2d 1112.

¶ 11 Finding this appeal properly before us as an appealable collateral order, we turn to the issue Valentukonis raised on appeal.

¶ 12 We generally review the grant or denial of discovery requests for an abuse of discretion. An abuse of discretion is more than just an error in judgment, and, on appeal, the trial court will not be found to have abused its discretion unless the record discloses that the judgment exercised was manifestly unreasonable or the result of partiality, prejudice, bias, or ill-will. See Commonwealth v. Fleming, 794 A.2d 385, 387 (Pa.Super.2002). Because challenges to discovery orders do not raise factual questions but, rather, legal questions, our scope of review is plenary. See In re Hasay, 546 Pa. 481, 486, 686 A.2d 809, 812 (1996).

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Merithew v. Valentukonis
869 A.2d 1040 (Superior Court of Pennsylvania, 2005)

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Bluebook (online)
869 A.2d 1040, 2005 Pa. Super. 81, 2005 Pa. Super. LEXIS 331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merithew-v-valentukonis-pasuperct-2005.