Reed v. Furr's Supermarkets, Inc.

11 P.3d 603, 129 N.M. 639
CourtNew Mexico Court of Appeals
DecidedAugust 22, 2000
DocketNo. 19,993
StatusPublished
Cited by28 cases

This text of 11 P.3d 603 (Reed v. Furr's Supermarkets, Inc.) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reed v. Furr's Supermarkets, Inc., 11 P.3d 603, 129 N.M. 639 (N.M. Ct. App. 2000).

Opinion

WECHSLER, Judge.

OPINION

{1} Plaintiff Arlene Reed appeals the district court’s order dismissing her lawsuit against Furr’s Supermarkets, Inc. (FSI), with prejudice. The district court dismissed Plaintiffs lawsuit as a sanction for discovery violations. FSI cross-appeals the district court’s order denying FSI its costs. We affirm.

Facts

{2} Plaintiff filed her complaint against FSI on April 2, 1996. In her complaint, Plaintiff alleged that she fell and sustained injuries while shopping at a Furr’s supermarket in Albuquerque. FSI answered the complaint and the parties thereafter began the discovery phase of the lawsuit.

{3} FSI made several requests to depose Plaintiff, beginning February 18, 1997. FSI also sought answers to interrogatories. FSI’s attempts to take the deposition were thwarted by Plaintiffs claims that she was unable to withstand the physical and emotional demands of a deposition. After several attempts to obtain answers to interrogatories and releases for Plaintiffs medical and other records and to make arrangements to take Plaintiffs deposition, FSI filed a motion to compel Plaintiff to produce documents and answer interrogatories. The district court held a hearing on the motion and entered an order compelling Plaintiff to comply with certain portions of FSI’s discovery requests.

{4} FSI ultimately deposed Plaintiff and received applicable documents. It then moved the district court to dismiss Plaintiffs lawsuit as a sanction for her failure to comply with discovery. FSI alleged that Plaintiff had withheld information from FSI and had misrepresented the nature of her preexisting medical conditions. FSI specifically alleged that Plaintiff had misrepresented her past medical conditions by denying that she (1) kept a pain diary; (2) experienced daily headaches; (3) had prior incidents of fatigue; (4) was diagnosed with psychological disorders; (5) suffered from extreme stress; (6) suffered from lower back pain; (7) suffered from chronic illnesses and pain; (8) suffered from extreme anxiety; (9) had a history of fevers; (10) experienced pelvic and abdominal pain, heart palpitations, and dizziness; and (11) had difficulty walking and climbing stairs. FSI also alleged that Plaintiff misrepresented portions of her employment history; namely, that she denied having had employment privileges taken away.

{5} In response, Plaintiff filed an affidavit which stated her explanations for the apparent discrepancies between the answers she gave in her depositions and interrogatories and the information revealed in her medical and employment records. In her affidavit, Plaintiff explained that any differences between her answers and the information in her medical records and employment history were due to the fact that she interpreted the meaning of the questions more narrowly than FSI had expected. In general, Plaintiffs affidavit provided detailed explanations as to each allegation in FSI’s motion. She explained, for instance, that when she was asked about a pain diary, she thought that her simple notes on paper did not qualify as a diary. Another example of the type of explanations Plaintiff submitted was that she interpreted the questions about past pelvic pain to exclude pelvic pain arising from “female problems.”

{6} The district court held a hearing on FSI’s motion to dismiss at which both FSI and Plaintiff presented arguments to the court. The district court granted the motion to dismiss, stating:

I think what there’s been here is an intentional pattern of deception with respect to past medical history. I don’t think any one item standing alone would do it, but we have item after item after item, and then, in addition to that, there’s a ten-page affidavit that gets quite specific as to times [and] dates ... which explains or tries to explain away all of the previous misrepresentations.
I just think that the whole process goes right to the integrity of the function of a trial court. If we can’t have honesty in discovery, then we’re not going to have an honest result. I’m going to grant the motion, with prejudice^] for abuse of the discovery process.

Propriety of Dismissal

Sanctions for False Answers to Interrogatories or Deposition Questions

{7} Rule 1-037(D) NMRA 2000 authorizes the district court to impose sanctions upon a party for failure to attend a deposition or to answer interrogatories. The type of sanctions available to the district court are authorized by Rule 1-037(B)(2). Dismissal is among the sanctions available. See id. This Court has previously held that false answers to interrogatories were equivalent to, if not worse than, failing to answer at all. See Sandoval v. Martinez, 109 N.M. 5, 8, 780 P.2d 1152, 1155 (Ct.App.1989). As a result, dismissal can be an appropriate sanction for false answers to interrogatories under Rule 1-037(D). See Sandoval, 109 N.M. at 11-12, 780 P.2d at 1158-59.

{8} Although we have held that false answers to interrogatories warrant the sanction of dismissal in appropriate circumstances, this Court has not specifically held that false answers to deposition questions may be subject to sanctions under Rule 1-037(D). See Bustillos v. Construction Contracting, 116 N.M. 673, 676-77, 866 P.2d 401, 404-05 (Ct.App.1993) (“[W]e leave to another day the issue of whether [dismissal as a sanction] applies to a false answer to a deposition question.”). The premise for allowing the district courts to impose sanctions for false answers during depositions would follow the rationale allowing sanctions for false answers to interrogatories; that is, a false answer in a deposition is akin to a “[f]ailure ... to attend [a] ... deposition.” Rule 1-037(D); see also Sandoval, 109 N.M. at 8, 780 P.2d at 1155 (a false answer to an interrogatory “is worse than no response”). Both forms of discovery abuse undermine the discovery process and demonstrate either “a willful, intentional and bad faith attempt to conceal evidence or [a] gross indifference to discovery obligations.” Medina v. Foundation Reserve Ins. Co., 117 N.M. 163, 166, 870 P.2d 125, 128 (1994). Thus, for the purpose of sanctions under Rule 1-037(D), we do not see any reason to distinguish false answers to deposition questions from false answers to interrogatories. See Sandoval, 109 N.M. at 9, 780 P.2d at 1156 (“District courts have a duty to enforce compliance with rules of discovery, and they should not shirk from imposition of the sanction of dismissal.”). We will not analyze the answers to the deposition questions in this ease differently from the answers to the interrogatories.

Standard for Dismissal

{9} Dismissal is an appropriate sanction for false answers during discovery when a party’s misrepresentations are made willfully or in bad faith. See Medina, 117 N.M. at 166, 870 P.2d at 128.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

McFarland v. M.J. Electric, LLC
New Mexico Court of Appeals, 2024
Valentine v. Heisch
New Mexico Court of Appeals, 2024
Estate of Works v. Fallick
New Mexico Court of Appeals, 2024
Griffin v. Sigma Services
New Mexico Court of Appeals, 2023
Leger v. Gerety
2022 NMSC 007 (New Mexico Supreme Court, 2021)
Velasquez v. Regents of Northern N.M. Coll.
2021 NMCA 007 (New Mexico Court of Appeals, 2020)
State v. Beard
New Mexico Court of Appeals, 2019
Ortega v. Gold
New Mexico Court of Appeals, 2017
HSBC Bank v. Llave Enterprises
New Mexico Court of Appeals, 2016
Couch v. Williams
2016 NMCA 014 (New Mexico Court of Appeals, 2015)
Duncan v. Andrews
New Mexico Court of Appeals, 2015
State Ex Rel. King v. Advantageous Community Services, LLC
2014 NMCA 076 (New Mexico Court of Appeals, 2014)
State ex rel. King v. Advantageous Cmty. Servs., LLC
2014 NMCA 76 (New Mexico Court of Appeals, 2014)
Ginko v. Cucchetti
New Mexico Court of Appeals, 2014
Coleman v. The Hartford Insurance Cos.
New Mexico Court of Appeals, 2014
West v. Mazzola
New Mexico Court of Appeals, 2013
Weiss v. Thi of New Mexico at Valle Norte, LLC
2013 NMCA 054 (New Mexico Supreme Court, 2013)
French v. Painter
86 Va. Cir. 344 (Martinsville County Circuit Court, 2013)
Weiss v. THI of N.M. at Valle Norte, L.L.C.
2013 NMCA 54 (New Mexico Court of Appeals, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
11 P.3d 603, 129 N.M. 639, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reed-v-furrs-supermarkets-inc-nmctapp-2000.