Supreme Court
No. 2022-22-M.P. (PC 16-4767)
(Dissent begins on Page 21)
Patricia Noonan, individually and in : her capacity as Executrix of and on behalf of the beneficiaries of the Estate of William J. Noonan, et al.
v. :
Sundersansan Sambandam, M.D. :
NOTICE: This opinion is subject to formal revision before publication in the Rhode Island Reporter. Readers are requested to notify the Opinion Analyst, Supreme Court of Rhode Island, 250 Benefit Street, Providence, Rhode Island 02903, at Telephone (401) 222-3258 or Email: opinionanalyst@courts.ri.gov, of any typographical or other formal errors in order that corrections may be made before the opinion is published. Supreme Court
Patricia Noonan, individually and in : her capacity as Executrix of and on behalf of the beneficiaries of the Estate of William J. Noonan, et al.
Present: Suttell, C.J., Goldberg, Robinson, Lynch Prata, and Long, JJ.
OPINION
Justice Goldberg, for the Court. This case came before the Supreme Court
on May 17, 2023, pursuant to a writ of certiorari issued upon petition by the
plaintiffs, Patricia Noonan, individually and in her capacity as Executrix of and on
behalf of the beneficiaries of the Estate of William J. Noonan, Linda Byrne, Terri
Pare, Karen LeCam, and Steven Noonan (plaintiffs). The plaintiffs seek review of
an order of the Superior Court granting the motion of the defendant, Sundaresan T.
Sambandam, M.D. (defendant),1 to compel production of a complete, unredacted
1 We pause to note that there is an inconsistency in the record regarding the spelling of the defendant’s first name. -1- copy of the settlement agreement between the plaintiffs and the former codefendants
who settled plaintiffs’ claims. The plaintiffs assert that the trial justice abused her
discretion in granting the motion because the amount paid in accordance with the
settlement agreement is not discoverable pursuant to Rule 26(b)(1) of the Superior
Court Rules of Civil Procedure. The parties were directed to appear and show cause
why the issues raised in this case should not be summarily decided. After
considering the parties’ written and oral submissions and reviewing the record, we
conclude that cause has not been shown and that this case may be decided without
further briefing or argument. For the reasons stated herein, we quash the decision
of the Superior Court.
Facts and Travel
This is a medical malpractice case arising out of treatment provided to
William Noonan by defendants, Rhode Island Hospital, Barry Sharaf, M.D., Philip
Stockwell, M.D., Nazia Khan, M.D., Peter B. Rintels, M.D. (collectively referred to
as the settling codefendants), and Dr. Sambandam. Mr. Noonan was a patient at
Rhode Island Hospital in June 2015; he received treatment for aplastic anemia, a
blood disorder. While at the hospital, after receiving anticoagulant medication, Mr.
Noonan suffered an intracranial hemorrhage and died.
Mr. Noonan’s wife, Patricia Noonan, was appointed to serve as the executrix
of his estate. On October 12, 2016, Mrs. Noonan initiated the instant action by filing
-2- a complaint in the Superior Court. The operative complaint, the second amended
complaint, sets forth thirteen counts: negligence against each defendant (counts one
through six), lack of informed consent against each defendant (counts seven through
twelve), and one count of loss of consortium, companionship, and society (count
thirteen). Each defendant filed an answer and discovery ensued.
The plaintiffs then settled their claims with all defendants except for Dr.
Sambandam; stipulations dismissing plaintiffs’ claims against the settling
codefendants entered on March 26, 2020. Doctor Sambandam, the sole remaining
defendant, filed a supplemental request for production of documents in which he
sought a “complete copy of any and all documents and related materials regarding
plaintiffs’ settlement of claims with any and all co-defendants. This includes a
complete copy of any release and dismissal stipulation.” The defendant did not
reference Rule 26 in his production request. The plaintiffs objected to the extent that
the request sought “the settlement amount,” asserting that the amount was “not
reasonably calculated to lead to the discovery of admissible evidence * * *.”
Notwithstanding this objection, plaintiffs attached a redacted copy of the settlement
agreement, excluding only the settlement amount.
The defendant then filed a motion to compel “the complete, unredacted
[r]elease/settlement agreement regarding the settlement of [p]laintiffs’ claims with
the former co-defendants.” Although defendant did not specifically reference Rule
-3- 26, he asserted that the “requested information [was] necessary to and discoverable
by [him] pursuant to Rhode Island and federal law.” He argued that he “must know
the amount which will be set off from any potential recovery by [p]laintiffs against
[him]” pursuant to G.L. 1956 § 10-6-7 of the Uniform Contribution Among
Tortfeasors Act. The defendant asserted that “the amount of consideration paid by
the settling co-defendants is critical for an evaluation of potential damages prior to
trial.” The plaintiffs objected and argued that the amount of the settlement was not
discoverable because it was not likely to lead to the discovery of admissible
evidence.
A hearing was held on November 4, 2021, during which plaintiffs argued that
“the agreement amount is irrelevant to the determination of liability and, therefore,
it’s not discoverable documentation at this point.” The plaintiffs further argued that
the amount provided for in the settlement agreement was “not going to lead to the
discovery of admissible evidence which is the standard.” The trial justice concluded
that the settlement amount was discoverable and explained that “there’s no basis
whatsoever for refusing to give the settlement agreement.” The trial justice opined
that plaintiffs were “confusing admissibility with discoverability. It’s very clear that
it’s discoverable. It’s not admissible.” Accordingly, the trial justice granted
defendant’s motion to compel. An order reflecting this decision entered thereafter,
instructing plaintiffs to produce “a complete, unredacted copy of any and all
-4- settlement agreements/releases” between plaintiffs and the settling codefendants.
On December 2, 2021, defendant moved for a conditional order of dismissal
due to plaintiffs’ failure to comply with the order. The plaintiffs objected and a
hearing was held on December 16, 2021, after which a different justice of the
Superior Court granted the motion. A conditional order of dismissal entered on
December 29, 2021. This petition for a writ of certiorari followed.
Standard of Review
“It is well settled that this Court limits its review on certiorari ‘to examining
the record to determine if an error of law has been committed.’” Nickerson v.
Reitsma, 853 A.2d 1202, 1205 (R.I. 2004) (quoting City of Providence v. S & J 351,
Inc., 693 A.2d 665, 667 (R.I. 1997)). “We do not weigh the evidence on certiorari,
but only conduct our review to examine questions of law raised in the petition.”
Malachowski v. State, 877 A.2d 649, 653 (R.I. 2005) (quoting Jeff Anthony
Properties v. Zoning Board of Review of North Providence, 853 A.2d 1226, 1229
(R.I. 2004)).
“[W]ith respect to determining the scope of Rule 26, we have repeatedly
employed a de novo standard of review.” DeCurtis v. Visconti, Boren & Campbell,
Ltd., 152 A.3d 413, 421 (R.I. 2017) (quoting Cashman Equipment Corp., Inc. v.
Cardi Corp., Inc., 139 A.3d 379, 381 (R.I. 2016)). “However, ‘[i]n granting or
denying discovery motions, a Superior Court justice has broad discretion,’ which
-5- ‘this Court will not disturb * * * save for an abuse of that discretion.’” State v. Lead
Industries Association, Inc., 64 A.3d 1183, 1191 (R.I. 2013) (quoting Colvin v.
Lekas, 731 A.2d 718, 720 (R.I. 1999)).
Analysis
The sole issue in this case is whether a nonsettling defendant may compel the
disclosure of the amount of a settlement agreement reached between plaintiffs and
the settling codefendants—an issue not yet addressed by this Court.2
The plaintiffs claim that the amount set forth in the settlement agreement is
not discoverable pursuant to Rule 26(b)(1) and therefore the trial justice abused her
discretion in granting defendant’s motion to compel plaintiffs to produce a complete,
unredacted copy of the agreement. The plaintiffs assert that the amount set forth in
the agreement is not discoverable because it is not admissible evidence at trial in
2 The United States Supreme Court also has not addressed this issue and there exists a split of viewpoint among jurisdictions that have reached it. Compare Blount v. Major, No. 4:15 CV 322 DDN, 2016 WL 6441597, at *3 (E.D. Mo. Nov. 1, 2016) (holding that certain portions of a settlement agreement, including amounts paid, were discoverable), Gaedeke Holdings VII, Ltd. v. Mills, No. CIV-11-649-M, 2015 WL 3440222, at *2 (W.D. Okla. May 27, 2015), Tanner v. Johnston, No. 2:11-CV- 00028-TS-DBP, 2013 WL 121158, at *5 (D. Utah Jan. 8, 2013), Carl E. Woodward, LLC v. Travelers Indemnity Company of Connecticut, No. 1:09CV781-LG-RHW, 2011 WL 13127845, at *1 (S.D. Miss. Jan. 19, 2011), and Bennett v. La Pere, 112 F.R.D. 136, 141 (D.R.I. 1986), with Moi v. Chihuly Studio, Inc., 846 F. App’x 497, 500 (9th Cir. 2021) (affirming a district court’s decision to preclude discovery of a settlement agreement), Doe v. Methacton School District, 164 F.R.D. 175, 176-77 (E.D. Pa. 1995), Lesal Interiors, Inc. v. Resolution Trust Corporation, 153 F.R.D. 552, 564 (D.N.J. 1994), Kalinauskas v. Wong, 151 F.R.D. 363, 367 (D. Nev. 1993), and Bottaro v. Hatton Associates, 96 F.R.D. 158, 159-60 (E.D.N.Y. 1982). -6- accordance with Rule 408 of the Rhode Island Rules of Evidence, nor is it
“reasonably calculated to lead to the discovery of admissible evidence * * *.”
According to plaintiffs, “[t]he settlement amount sought has no relevancy in
determining whether [defendant] is liable to [plaintiffs]. The information sought is
not relevant until after a damages verdict is rendered in [plaintiffs’] favor and a
factfinder determines [defendant] is a joint tortfeasor with the settling defendants.”
We agree with plaintiffs.
At the outset, we pause to note that, in granting defendant’s motion to compel
production of the settlement amount, the trial justice provided no reasoning as to her
decision. This was error. See Fisher v. Lau, 291 A.3d 1261, 1262 (R.I. 2023) (mem.)
(explaining that “[t]he trial justice’s decision [was] devoid of any meaningful
analysis” and, as a result, “our examination of the record and decision [was]
hampered by this vacuum”); see also State v. Gibson, 291 A.3d 525, 544 (R.I. 2023)
(“In providing a rationale for a decision, however, the trial justice need not refer to
all the evidence supporting the decision but need only cite evidence sufficient to
allow this Court to discern whether the justice has applied the appropriate
standards.”) (quoting State v. Franco, 225 A.3d 623, 631 (R.I. 2020)); Fitzpatrick v.
Pare, 552 A.2d 1185, 1186 (R.I. 1989) (holding that the Court was “unable to reach
the merits of the petitioner’s contentions” because the “District Court’s decision
* * * [was] devoid of any supportive reasoning[,]” therefore “making intelligent
-7- appellate review impossible” and requiring remand to the District Court with
direction for the trial judge to “create a record and state the factual and legal
determinations supportive of his decision”). We nonetheless address plaintiffs’
claim because we are presented solely with a question of law, which we review de
novo. See DeCurtis, 152 A.3d at 421.
“The provisions of the Superior Court Rules of Civil Procedure pertaining to
discovery generally are liberal, and are designed to promote broad discovery among
parties during the pretrial phase of litigation.” DeCurtis, 152 A.3d at 420 (quoting
Henderson v. Newport County Regional Young Men’s Christian Association, 966
A.2d 1242, 1246 (R.I. 2009)). “The philosophy underlying modern discovery is that
prior to trial, all data relevant to the pending controversy should be disclosed unless
the data is privileged.” Id. at 421 (quoting Cabral v. Arruda, 556 A.2d 47, 48 (R.I.
1989)).
The scope and limits of pretrial discovery are clearly set forth in Rule 26(b)(1),
which provides, in pertinent part:
“Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any documents, electronically stored information, or tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not ground for
-8- objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.”
Thus, if the information sought is inadmissible at trial, “Rule 26(b)(1) requires * * *
that the materials sought be ‘reasonably calculated to lead to the discovery of
admissible evidence.’” DeCurtis, 152 A.3d at 420 (emphasis omitted); see also Nye
v. Town of Westerly, 668 A.2d 1267, 1268 (R.I. 1995) (mem.) (explaining that items
sought in discovery production request were not discoverable because they were
“not relevant evidence nor [were] they ‘reasonably calculated to lead to the
discovery of admissible evidence’”) (quoting Super. R. Civ. P. 26(b)(1)).
In the case at hand, the settlement agreement and amount therein is flatly
inadmissible at trial to prove plaintiffs’ claims, pursuant to Rule 408 of the Rhode
Island Rules of Evidence. Rule 408 provides in part:
“Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or offering or promising to accept, a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount, is not admissible to prove liability for or invalidity of the claim or its amount. Evidence of conduct or statements made in compromise negotiations is likewise not admissible. This rule does not require the exclusion of any evidence otherwise discoverable merely because it is presented in the course of compromise negotiations. This rule also does not require exclusion when the evidence is offered for another purpose, such as proving bias or prejudice of a witness, negativing a contention of undue delay, or proving an effort to obstruct
-9- a criminal investigation or prosecution.”
In other words, “Rhode Island law recognizes that offers to compromise and
evidence of settlement negotiations generally are not admissible into evidence.”
Votolato v. Merandi, 747 A.2d 455, 461 (R.I. 2000). This Court has opined that
“unless evidence of a settlement is relevant to some issue, other than the quantum of
damages, a trial justice is instructed to bar the admission of such evidence and
subsequently to make the appropriate reduction in any jury award rendered in favor
of the plaintiff.” Id. at 462. We have adopted this rule of law because the
“[e]xclusion of such evidence facilitates an atmosphere of compromise among the
parties and promotes alternatives to litigation.” Id. at 461. “Further, it is well settled
that such evidentiary protection extends to settlements reached between plaintiffs
and third party tortfeasors.” Id.
The defendant does not contend that the settlement amount would be
admissible at trial.3 Accordingly, it must be “reasonably calculated to lead to the
discovery of admissible evidence.” DeCurtis, 152 A.3d at 420 (emphasis omitted).
The defendant argues that he “must be apprised of the amount which may be
set off from any potential recovery” by plaintiffs against him. We are not persuaded.
3 To the extent defendant argues generally that “information contained in settlement agreements is relevant and admissible at trial to prove bias or prejudice of a witness,” we emphasize that plaintiffs produced a copy of the settlement agreement with only the settlement amount redacted. - 10 - Section 10-6-7(1) of the Uniform Contribution Among Tortfeasors Act provides that
“[a] release by the injured person of one joint tortfeasor, whether before or after
judgment, does not discharge the other tortfeasors unless the release so provides; but
reduces the claim against the other tortfeasors in the amount of the consideration
paid for the release.”4 We have explained that “[t]raditionally, in this jurisdiction,
in cases where a plaintiff already has recovered against a third party and proceeds
against a remaining defendant, a motion in limine is ordinarily filed by the plaintiff,
seeking to bar admission of any evidence of the third-party settlement agreement.”
Votolato, 747 A.2d at 461. “The trial justice then is able to later reduce any jury
award rendered in favor of the plaintiff by the corresponding amount of the third-
party settlement.” Id. Accordingly, in order to offset any award for plaintiffs by the
amount of the settlement agreement, the settlement amount need not be disclosed
unless and until there is a verdict in plaintiffs’ favor. Only after a judgment in
plaintiffs’ favor is rendered does the amount of the settlement agreement become
4 The settlement agreement in this case was reached in 2020; however, G.L. 1956 § 10-6-7 of the Uniform Contribution Among Tortfeasors Act was amended in 2021. See P.L. 2021, ch. 410, § 1; P.L. 2021, ch. 411, § 1. The amendment repealed the portion of the law that provided that a joint tortfeasor would receive the greater benefit of either (1) the sum paid by a released tortfeasor or (2) the percentage of fault of the released tortfeasor. It also limited the credit that a joint tortfeasor could receive to the amount paid by the released tortfeasor, regardless of fault. “Th[e] act [took] effect upon passage and [applies] to all claims pending at the time of passage or asserted thereafter; provided, however, that [the act does] not apply to, affect or impair releases executed before the passage date.” Public Laws 2021, ch. 410, § 3; P.L. 2021, ch. 411, § 3. - 11 - relevant to the apportionment of damages—a calculation completed by the court, not
the jury.
The defendant has failed to set forth any argument as to how production of
the settlement amount is “reasonably calculated to lead to the discovery of
admissible evidence.” DeCurtis, 152 A.3d at 420 (emphasis omitted). Instead,
defendant contends that disclosure is consistent with the judiciary’s goal of fairness
and encouraging settlements. More pointedly, defendant argues that disclosure of
the settlement amount “will place [plaintiffs] and [defendant] on equal footing
when evaluating claims, defenses, and potential damages at trial” and will “provide
[him] equal access to information which is relevant to [his] trial strategy.” In short,
defendant contends he needs to know the amount of the settlement in order to
determine whether settlement would be in his best interest.
Contrary to defendant’s assertion, Rule 26(b)(1) does not allow for discovery
purely to assist in settlement strategy. It permits discovery regarding matters, not
privileged, relevant to the subject matter involved in a pending action, including
claims or defenses. See Super. R. Civ. P. 26(b)(1) (“Parties may obtain discovery
regarding any matter, not privileged, which is relevant to the subject matter involved
in the pending action, whether it relates to the claim or defense of the party seeking
discovery or to the claim or defense of any other party * * *.”).
The defendant nevertheless relies on a trial court decision in the United
- 12 - States District Court for the District of Rhode Island, Bennett v. La Pere, 112
F.R.D. 136 (D.R.I. 1986), a medical malpractice case, to support his argument that
the amount of the settlement was discoverable prior to trial. See Bennett, 112 F.R.D.
at 137. The plaintiffs in that case reached a settlement with the physician
defendants, settling all their claims against the physicians, including their pro rata
shares of any joint tortfeasor liability; the plaintiffs did not reach a settlement
agreement with the hospital defendant and the settlement agreement left open the
plaintiffs’ claims against the hospital. Id. The hospital then moved for production
of the settlement documents. Id.
The court granted the hospital’s motion to compel disclosure of the
settlement agreement. Bennett, 112 F.R.D. at 141. The court reasoned that the
terms and dimensions of the settlement agreement between the plaintiffs and the
settling codefendants were relevant to the litigation in several respects. Id. at 138.
First, the damages the plaintiffs could collect from the hospital would depend on
the terms and amount of the settlement agreement. Id. Second, the termination of
the case against the physicians could have been crafted so as to insulate the hospital
from liability. Id. at 138-39. Third, the court explained, “the shape and form of the
partial settlement may illumine the viability (or strategic wisdom) of an attempt by
the [h]ospital to rejoin the [p]hysicians as third-party defendants.” Id. at 139.
Finally, the court also noted that, although Rule 408 of the Federal Rules of
- 13 - Evidence prohibits evidence at trial of the settlement, there is an exception when
the evidence is offered for a purpose other than “to prove liability for or invalidity
of the claim or its amount” such as for proving “bias or prejudice of a witness.” Id.
The court further concluded that “if any doubt lingers, the fundamental fairness of
assuring that the plaintiffs and the remaining defendant will approach the
bargaining table armed with the same knowledge of the earlier (completed)
settlement surely tips the scales.” Id. at 140.
Unlike in Bennett, however, in the case before us all of the terms and
conditions of the settlement agreement were provided to defendant, with the sole
exclusion of the amount of the settlement.5
5 The defendant also relies on the 2015 Amendment to Rule 26(b)(1) of the Federal Rules of Civil Procedure. The Advisory Committee Notes to the 2015 Amendment explain:
“The former provision for discovery of relevant but inadmissible information that appears ‘reasonably calculated to lead to the discovery of admissible evidence’ is * * * deleted. The phrase has been used by some, incorrectly, to define the scope of discovery. As the Committee Note to the 2000 amendments observed, use of the ‘reasonably calculated’ phrase to define the scope of discovery ‘might swallow any other limitation on the scope of discovery.’ The 2000 amendments sought to prevent such misuse by adding the word ‘Relevant’ at the beginning of the sentence, making clear that ‘relevant means within the scope of discovery as defined in this subdivision * * *.’ The ‘reasonably calculated’ phrase has continued to create problems, however, and is removed by these amendments. It is replaced by the direct statement - 14 - We consider the reasoning of Tempel v. Murphy, 30 A.3d 992 (Md. Ct. Spec.
App. 2011), to be more persuasive. Tempel was also a medical malpractice case.
See Tempel, 30 A.3d at 993. In that case, the plaintiffs settled with some, but not all
of the defendants prior to trial. Id. After learning of the settlements, the remaining
defendants moved to compel the production of the settlement documents, arguing
that they were needed “to engage in an intelligent assessment of the risks and
benefits of proceeding to trial versus settlement.” Id. at 999. The trial court granted
the motions as to the language of the releases but denied the motions as to the
monetary amount therein. Id. at 996. As a result, the plaintiffs provided redacted
copies of the releases prior to trial and the defendants were only provided the specific
dollar amounts of the settlements after the conclusion of the trial. Id. The jury
returned a verdict for the plaintiffs and the remaining defendants appealed, arguing,
inter alia, that the trial court erred by refusing to allow the nonsettling defendants to
that ‘Information within this scope of discovery need not be admissible in evidence to be discoverable.’ Discovery of nonprivileged information not admissible in evidence remains available so long as it is otherwise within the scope of discovery.”
We note, however, that no such amendment has been made to Rule 26(b)(1) of the Rhode Island Superior Court Rules of Civil Procedure. Nevertheless, we remain unconvinced that the amount of the settlement is relevant to any claim or defense in the case at bar and therefore conclude that it does not fall within the scope of discovery. - 15 - inspect the amounts of the two settlement agreements prior to the judgment. Id. at
993-94.
The judgment was affirmed on appeal, Tempel, 30 A.3d at 994, and the court
explained that “[a]bsent some fact in a given case that would change the result, the
settlement amount contained in a joint tortfeasor release is not relevant at the pre-
verdict stage.” Id. at 1001. The settlement amounts, the court explained, “did not,
in any way, concern the facts relevant to a determination of [the defendants’] liability
or the amount of any damages; thus, they were not relevant at the pre-verdict stage.”
Id. Rather, the court reasoned, “the information sought by [the defendants] did not
become relevant until after the verdicts were rendered, and the amounts were
necessary to determine the apportionment of damages as to each party under the
Maryland Contribution Among Joint Tort-Feasors Act.” Id. at 1001-02. After final
judgment, the settlement amount would be relevant only to the issue of “the
ministerial apportionment of damages * * *.” Id. at 1002 (quoting Porter Hayden
Co. v. Bullinger, 713 A.2d 962, 967 (Md. 1998)).
The court also emphasized that the defendants had received a copy of the
settlement agreement prior to trial, with the amount of consideration redacted.
Tempel, 30 A.3d at 1002. The court explained that the terms of the agreement “were
relevant pre-trial because the nature of the release would determine whether [the
- 16 - defendants], if liable, would get an automatic pro rata reduction or whether the
jointfeasor status of the settling parties would have to be adjudicated.” Id. The
amount within the settlement agreement, however, was provided to the defendants
at the stage of the proceedings in which that amount became relevant—after a
judgment was entered. Id.
Although not binding on this Court, we also find two scholarly decisions of
the Presiding Justice of the Rhode Island Superior Court addressing this issue most
persuasive. In Alessio v. Capaldi, No. PC 06-5850, slip op. (R.I. Super. filed Oct.
16, 2007), a negligence action, the plaintiff settled its claims with one of three
defendants. Alessio, slip op. at 1. One of the nonsettling defendants then filed a
motion to compel production of a copy of the settlement agreement, including
disclosure of the terms of the settlement. Id. at 2. The defendant argued that the
settlement agreement must be disclosed because: (1) if found to be a joint tortfeasor,
it would be entitled to a setoff of any funds paid by the settling defendant against
any judgment for the plaintiff; (2) plaintiff could obtain a windfall if he had
recovered the full value of his claims from the settlement agreement; and (3) the
defendant was entitled to explore issues of bias with respect to the settling defendant,
and therefore, the terms of the settlement agreement were relevant. Id. The plaintiff
objected, arguing that the settlement agreement was inadmissible pursuant to Rule
408, that the amount of the agreement was not relevant to any issue in the case, and
- 17 - that the amount need only be disclosed when apportioning damages, after a verdict,
pursuant to the Uniform Contribution Among Tortfeasors Act. Id.
The Presiding Justice denied the defendant’s motion to compel, reasoning that
the settlement agreement was not discoverable. Alessio, slip op. at 4, 5. She
explained that:
“Although [d]efendant is correct that it is entitled to setoff, immediate disclosure of the settlement agreement is not required. * * *
“Defendant’s second argument, the possibility that [p]laintiff may receive a ‘windfall,’ is also unavailing. The full value of [p]laintiff’s claims will be determined at trial. Disclosure of the settlement agreement and the amount paid by [the settling defendant] sheds no light on what the ultimate value of [p]laintiff’s claim will be. Also, as noted by [p]laintiff, ‘* * * the possibility of a windfall is precisely defeated by the Uniform Contribution Among Tortfeasors Act, * * * §10-6-7.’” Id. at 4-5.
We endorse this reasoning and also agree with the court’s resolution of the question
of bias:
“As to bias, [d]efendant merely states that since [a defendant] has settled, [the settling defendant] ‘may now provide favorable testimony on [plaintiff’s] behalf in any upcoming trial in this matter.’ Such rank speculation as to present or future bias is a wholly insufficient reason for ordering disclosure of the settlement agreement.” Id. at 5.
The Presiding Justice again addressed the discoverability of a settlement
agreement in Lepore v. A.O. Smith Corp., No. PC 12-1469, slip op. (R.I. Super. filed
- 18 - May 10, 2017). In Lepore, the defendants moved to compel the production of certain
settlement releases between the plaintiff and settling codefendants, arguing that the
releases were required in order for them to properly evaluate any potential setoff of
damages due to their status as joint tortfeasors. Lepore, slip op. at 1-2. The plaintiff
objected, arguing that the defendants were not entitled to production of the
settlement documents because they were irrelevant to the defendants’ liability and
would only become relevant after trial in order to apportion damages. Id. at 3.
The court iterated “that the joint tortfeasor language contained in a settlement
agreement is irrelevant to a determination of liability,” and emphasized that Rule
408 “provides that a settlement agreement is not admissible evidence for proving or
disproving liability of a claim or its amount.” Lepore, slip op. at 5. Furthermore,
“[w]hile it is true that a settling defendant’s liability for contribution depends on
whether [the defendant] paid his [or her] share of any damage award, this
determination cannot be made until a final judgment has been rendered against the
moving defendant.” Id. at 4-5 (internal quotation marks omitted). Accordingly,
“releases and the amounts contained therein would only be relevant to the ministerial
action of apportioning damages, and an exchange of such documents is not necessary
or relevant until later at trial. * * * Unless relevant to some issue other than the setoff
of damages, evidence of the settlement releases [is] inadmissible at trial.” Id. at 6.
The Presiding Justice determined that “[s]ince the settlements [were] inadmissible
- 19 - themselves, the [d]efendants [had] not demonstrated how production of the
settlement agreements [was] reasonably calculated to lead to the discovery of
admissible evidence.” Id. She therefore denied the defendants’ motion. Id. at 11.
As in Tempel, Alessio, and Lepore, in the case at bar, we are not convinced
that the amount of the settlement agreement is relevant to any issue in this case other
than the apportionment of damages, which becomes relevant only after a verdict is
reached. The amount that the settling codefendants agreed to pay is not relevant to
a determination of defendant’s liability at trial. Thus, discovery of the settlement
amount will be appropriate only after a judgment in plaintiffs’ favor is entered.
We therefore conclude that the trial justice abused her discretion in granting
the defendant’s motion to compel production of a complete, unredacted copy of the
settlement agreement, including the settlement amount.
Conclusion
For the reasons set forth herein, we quash the decision of the Superior Court
ordering production of the settlement amount paid by the settling codefendants. The
papers in this case may be remanded to the Superior Court with our decision
endorsed thereon.
- 20 - Justice Long, dissenting. In seeking the issuance of the extraordinary writ
of certiorari in this matter, Patricia Noonan, individually and in her capacity as
Executrix of and on behalf of the beneficiaries of the Estate of William J. Noonan,
Linda Byrne, Terri Pare, Karen LeCam, and Steven Noonan (plaintiffs), presented
the following question for this Court’s consideration: Did the trial justice err in
granting the motion to compel filed by Sundaresan T. Sambandam, M.D. (defendant
or Dr. Sambandam), because Dr. Sambandam’s request for production of the
settlement amount is not reasonably calculated to lead to the discovery of admissible
evidence? I acknowledge the appeal of reading Rule 26(b)(1) of the Superior Court
Rules of Civil Procedure in a manner that resolves discovery disputes in a consistent
manner; however, my reading and understanding of the rule and this Court’s
longstanding embrace of “[t]he philosophy underlying modern discovery[,]” Cabral
v. Arruda, 556 A.2d 47, 48 (R.I. 1989), compel the opposite conclusion to the
question presented. Because I believe that trial justices should retain the authority
to evaluate objections to discovery requests on a case-by-case basis and to compel
the production of settlement agreements in their entirety after considering the
circumstances of each case, I respectfully dissent.
Rule 26(b)(1) provides that:
“Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or
- 21 - defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any documents, electronically stored information, or tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.”
In DeCurtis v. Visconti, Boren & Campbell, Ltd., 152 A.3d 413 (R.I. 2017),
this Court explained that “[c]ritically, our discovery rules are liberal and have been
construed to ‘promote broad discovery.’” DeCurtis, 152 A.3d at 421 (emphasis
added) (quoting Henderson v. Newport County Regional Young Men’s Christian
Association, 966 A.2d 1242, 1246 (R.I. 2009)). In fact, we have consistently and
repeatedly stressed the exceeding breadth of the rules governing discovery and noted
that the “principal limitations are that the information sought must be relevant to the
pending matter and not privileged.” Plante v. Stack, 109 A.3d 846, 853 (R.I. 2015);
Pastore v. Samson, 900 A.2d 1067, 1074 (R.I. 2006) (same); see also DePina v.
State, 79 A.3d 1284, 1289 (R.I. 2013) (“This Court previously has indicated that
Rule 26—along with the remaining provisions of the Rules of Civil Procedure
pertaining to discovery—should be construed liberally so as to promote broad
disclosure among parties during the pretrial phase of litigation.”). We have also said
that “[o]ur discovery rules are designed to clarify the scope of the issues involved in
- 22 - litigation and to facilitate effective preparation for trial[,]” and have further implied
that trial justices should consider “the spirit of the [Rules of Civil Procedure] as
expressed in Rule 1, ‘to secure the just, speedy, and inexpensive determination of
every action.’” Bashforth v. Zampini, 576 A.2d 1197, 1201-02 (R.I. 1990).
Moreover, as the majority aptly highlights, there are numerous reported and
unpublished decisions and orders that have thoughtfully evaluated whether to permit
or forbid the production of full settlement agreements, but reached differing
conclusions based on the facts of each case. I am persuaded that Bennett v. La Pere,
112 F.R.D. 136 (D.R.I. 1986), serves as an insightful and evenhanded method for
resolving the question presented to this Court. Similar to this matter, the trial judge
in Bennett granted a nonsettling defendant’s motion to compel the full disclosure of
a settlement agreement between the plaintiff and the prior, settling defendants in that
action. Bennett, 112 F.R.D. at 137-38, 141.
Although the court in Bennett granted the nonsettling defendant’s motion
pursuant to Rule 26(b) of the Federal Rules of Civil Procedure, after considering the
nearly identical language contained in both rules, its reasoning and underlying
rationale bear repeating in the context of this case. Specifically, the trial judge in
Bennett considered the broad nature of civil discovery, as mandated by the rules of
civil procedure, and the fact that discoverable evidence does not depend on its later
admissibility at trial. Bennett, 112 F.R.D. at 138. He concluded that settlement
- 23 - agreements, including their fiscal components, are relevant in the context of
discovery based on their ability to reveal admissible evidence such as the potential
bias or prejudice of a witness involved in the litigation. Id. at 139.
Finally, the court reviewed the underlying considerations present in this
context and determined that the full disclosure of settlement agreements creates the
most desirable outcome. See Bennett, 112 F.R.D. at 141. In reaching this conclusion,
the trial justice stated the following:
“To the extent that the [nonsettling defendant’s] ability realistically to evaluate the plaintiffs’ case against it depends on an awareness of the terms and conditions of the settlement with the codefendants—and it plainly depends upon that information to a meaningful degree— the remaining defendant should not be left to grope blindly in the dark. So long as the policy of the Rules is the promotion of the ‘just, speedy, and inexpensive’ resolution of cases, then fair settlements must always be encouraged. Fairness cannot be achieved when one side is needlessly blindfolded.” Id. at 141.
My review of the record compels me to conclude that the trial justice did not
abuse her discretion in granting Dr. Sambandam’s motion to compel the production
of the settlement agreement in this case, which arises from an unfortunate death that
occurred more than eight years ago. While the exact figure from the settlement
agreement is generally inadmissible pursuant to Rule 408 of the Rhode Island Rules
of Evidence, the rule delineates clear exceptions. See R.I. R. Evid. 408. For example,
Rule 408 permits the introduction of evidence related to settlement offers if the party
- 24 - seeking admission attempts to demonstrate a witness’s bias or prejudice. See id.
(“This rule also does not require exclusion when the evidence is offered for another
purpose, such as proving bias or prejudice of a witness, negativing a contention of
undue delay, or proving an effort to obstruct a criminal investigation or
prosecution.”). Depending on the financial terms of the settlement agreement at
issue, Dr. Sambandam’s receipt of this information could certainly lead to otherwise
admissible evidence of bias. Thus, while I acknowledge that the trial justice failed
to provide an elaborate explanation of her reasoning in this matter, I believe that a
sufficient basis exists to uphold her decision based on this Court’s de novo review
of the applicable law.
Furthermore, I firmly believe that prohibiting the discoverability of full
settlement agreements divests trial justices of their discretion to permit disclosure of
these agreements on a case-by-case basis. In the discovery context, we afford trial
justices with broad discretion based on the circumstances of each case and we refrain
from interfering with their decisions, absent an abuse of discretion. See State v. Lead
Industries Association, Inc., 64 A.3d 1183, 1191 (R.I. 2013) (“However, ‘[i]n
granting or denying discovery motions, a Superior Court justice has broad
discretion,’ which ‘this Court will not disturb * * * save for an abuse of that
discretion.’”) (quoting Colvin v. Lekas, 731 A.2d 718, 720 (R.I. 1999)). By
prohibiting trial justices from allowing the production of full settlement agreements,
- 25 - the majority diminishes the trial justice’s paramount role in resolving discovery
disputes based on the facts and circumstances of each case.
After review of the record and consideration of the parties’ written and oral
submissions, it is further my view that this case simply does not contain any “unusual
or exceptional circumstances” that warrant the issuance of the extraordinary writ,
and that this Court should therefore deny and dismiss the petition and quash the writ
as improvidently granted. See Kelly v. Kelly, 104 R.I. 650, 651, 247 A.2d 905, 905-
06 (1968).
- 26 - STATE OF RHODE ISLAND SUPREME COURT – CLERK’S OFFICE Licht Judicial Complex 250 Benefit Street Providence, RI 02903
OPINION COVER SHEET
Patricia Noonan, individually and in her capacity as Executrix of and on behalf of the beneficiaries of the Title of Case Estate of William J. Noonan, et al. v. Sundersansan Sambandam, M.D. No. 2022-22-M.P. Case Number (PC 16-4767)
Date Opinion Filed June 27, 2023
Suttell, C.J., Goldberg, Robinson, Lynch Prata, and Justices Long, JJ.
Written By Associate Justice Maureen McKenna Goldberg
Source of Appeal Providence County Superior Court
Judicial Officer from Lower Court Associate Justice Netti C. Vogel
For Plaintiffs:
Joseph P. Marasco, Esq. Attorney(s) on Appeal For Defendant:
Paul F. Galamaga, Esq.
SU-CMS-02A (revised November 2022)