Munster v. Bill Watson Ford, Inc.

970 So. 2d 36, 2007 WL 4167200
CourtLouisiana Court of Appeal
DecidedOctober 24, 2007
Docket2007-CA-0294
StatusPublished
Cited by3 cases

This text of 970 So. 2d 36 (Munster v. Bill Watson Ford, Inc.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Munster v. Bill Watson Ford, Inc., 970 So. 2d 36, 2007 WL 4167200 (La. Ct. App. 2007).

Opinion

970 So.2d 36 (2007)

Myra Maudra MUNSTER, Christen Cook and John Cook
v.
BILL WATSON FORD, INC., Ford Motor Company and Don Bohn Ford, Inc.

No. 2007-CA-0294.

Court of Appeal of Louisiana, Fourth Circuit.

October 24, 2007.

*37 R. Glenn Cater, Cater and Associates, LLC, New Orleans, LA, for Plaintiff/Appellant.

Kevin R. Tully, H. Carter Marshall, Christovich & Kearney, L.L.P., New Orleans, LA, for Appellee.

(Court composed of Judge MICHAEL E. KIRBY, Judge MAX N. TOBIAS JR., Judge, ROLAND L. BELSOME).

ROLAND L. BELSOME, Judge.

Plaintiffs-Appellants appeal the trial court's judgment granting Defendant-Appellee's exception and dismissing Defendant-Appellee with prejudice. For the reasons that follow, we reverse and remand.

FACTS

Plaintiff-Appellant Myra Maudra Munster purchased a 1995 Ford Windstar van from Bill Watson Ford in New Orleans in September 1995. On July 10, 1998, Ms. Munster lost control of the vehicle and had an accident, in which Ms. Munster's husband, *38 Peter Munster, and minor daughter, Jennifer Cook, were killed. Myra Munster, Christen Cook and John Cook (hereinafter collectively "Appellants" or "Plaintiffs") thereafter filed a products liability suit on July 9, 1999, naming as defendants the dealer who sold the vehicle, Bill Watson Ford, Inc., the dealer who serviced the vehicle, Don Bohn Ford, Inc., and the manufacturer, Ford Motor Company.

PROCEDURAL HISTORY

A scheduling conference was set by the trial court for March 20, 2003. After the conference, proposed deadlines were circulated between the parties. The subsequently agreed-upon deadlines were memorialized in correspondence that was drafted by counsel for Appellants on March 27, 2003, and then signed by all counsel on April 3, 2003. The correspondence included a deadline of all supplemental pleadings to be filed or served on or before May 1, 2003.

In September 2004, counsel for Don Bohn Ford, Inc. filed a Motion to Recognize Stipulated Cutoff and Deadline Dates, which referenced the April 3, 2003 correspondence and the agreed-to dates contained therein. The motion opposed the setting of any new deadlines. After a hearing on the motion, the trial court signed a judgment dated January 31, 2005, ordering that the April 3, 2003 established deadlines would be enforced by the court. The judgment specifically referenced four deadlines, including the May 1, 2003 deadline for all supplemental pleadings.[1]

On April 29, 2005, counsel for Plaintiffs filed a Motion for Leave to Supplement and Amend the petition for damages. The motion stated that "Defendant, Ford Motor Company, has identified an additional defendant through the course of discovery" and that Plaintiffs wished to add the newly discovered defendant. The order granting Plaintiffs permission to amend their petition was signed by the trial court on May 2, 2005.[2]

The Plaintiffs' First Supplemental and Amending Petition added Paulstra CRC Corporation ("Paulstra") as a Defendant. Paulstra was the entity that constructed and designed the motor-mount system that was installed on the Ford Windstar van. When answering the petition, Paulstra excepted, asserting that Plaintiffs had not obtained leave of court and also that the deadline for filing supplemental pleadings had passed. Paulstra's exception was heard on May 12, 2006, with counsel for Plaintiffs present. On June 2, 2006, the trial court signed a judgment granting Paulstra's exception to Plaintiffs' petition, dismissing Paulstra with prejudice from the litigation. This appeal followed.

DISCUSSION

In their sole assignment of error, Appellants assert that the trial court erred in granting Paulstra's exception. We agree.

Provided that it is not contrary to law, a trial court's rulings in pretrial matters are generally given great deference *39 absent an abuse of discretion.[3]State v. Fleming, XXXX-XXXX, p. 13 (La.App. 4 Cir. 4/16/03), 846 So.2d 114, 131. Additionally, trial courts enjoy great discretion with regard to modification or enforcement of pre-trial orders. See La. C.C.P. Art. 1551.[4] We find that the January 31, 2005 judgment signed by the trial court is fundamentally a pre-trial order, as it merely recognized the cutoff dates from May through September of 2003 regarding supplemental pleadings, witnesses, experts, and discovery, all of which are pre-trial matters.

This broad discretion with respect to pre-trial matters is governed by the principle "that it must be exercised to prevent substantial injustice to the parties who have relied on the pre-trial rulings or agreements and structured the preparation and presentation of their cases accordingly." McDuffie v. ACandS, Inc., 2000-2779, p. 2 (La.App. 4 Cir. 2/14/01), 781 So.2d 628, 631 Accordingly, a court may modify a pre-trial order to prevent manifest injustice. McDuffie, p. 2, 781 So.2d at 631 (citing La. C.C.P. art. 1551; Austrum v. City of Baton Rouge, 282 So.2d 434 (La.1973)).[5] "In deciding whether to modify a pretrial order, a trial court must be ever mindful of the fact that the objective of our legal system is to render justice between the litigants upon the merits of the controversy rather than to defeat justice upon the basis of technicalities." McDuffie, supra, 781 So.2d at 631 (citing *40 Naylor v. Louisiana Dept. of Public Highways, 423 So.2d 674, 679 (La.App. 1 Cir. 1982), writ denied, 427 So.2d 439 (La. 1983), and writ denied, 429 So.2d 127 (La. 1983) and writ denied, 429 So.2d 134 (La. 1983)).

In this case, the trial court dismissed with prejudice the non-party defendant that Appellants sought to add to their unprescribed claim, even though the trial court had granted Appellants' motion for leave to amend their petition. Pursuant to the res judicata doctrine and Louisiana case law, a dismissal with prejudice has the effect of a final judgment of absolute dismissal and constitutes a bar on the same cause of action. La.C.C.P. art. 1673; Dean v. The City of New Orleans, XXXX-XXXX, p. 3 (La.App. 4 Cir. 7/12/06), 936 So.2d 851, 852. A dismissal with prejudice is a severe penalty that should be reserved only for extreme circumstances.[6]Allen v. Smith, 390 So.2d 1300, 1301 (La.1980); L & M Hair Products, Inc. v. State, Dept. of Transp. & Dev., 29,998, p. 5 (La.App. 2 Cir. 12/10/97), 704 So.2d 415, 418-19. Although Appellants did not explicitly assign as error the trial court's dismissal of Paulstra with prejudice from the litigation,[7] we nonetheless find that this was both an abuse of discretion and legal error, and find it appropriate to conduct a de novo review. Evans v. Lungrin, 97-0541, 97-0577, p. 7 (La.2/6/98), 708 So.2d 731, 735.

We find that the facts of this case do not rise to the level of extreme circumstances necessitating the drastic penalty of a dismissal with prejudice. First, the omission of a trial date from the January 31, 2005 order negates the premise that the deadlines carried a high level of urgency. Second, Appellants provided reasons for amending the petition past the deadline to file amended pleadings; namely, that the information regarding Paulstra was not obtained through the course of discovery until that point in time.[8]

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970 So. 2d 36, 2007 WL 4167200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/munster-v-bill-watson-ford-inc-lactapp-2007.