Sims ex rel. Oldham v. Harmon

22 S.W.3d 253, 2000 Mo. App. LEXIS 1116, 2000 WL 1010845
CourtMissouri Court of Appeals
DecidedJuly 18, 2000
DocketNo. ED 77212
StatusPublished
Cited by1 cases

This text of 22 S.W.3d 253 (Sims ex rel. Oldham v. Harmon) 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
Sims ex rel. Oldham v. Harmon, 22 S.W.3d 253, 2000 Mo. App. LEXIS 1116, 2000 WL 1010845 (Mo. Ct. App. 2000).

Opinion

JAMES R. DOWD, Judge.

Plaintiff/Appellant Mary Sims (hereafter “Mother”), as mother and next friend of [254]*254Jeremy Oldham, a minor, appeals from the judgment of the trial court granting Respondent’s motion for summary judgment in her lawsuit for injuries sustained by her son while attending the Special School District of St. Louis County.

FACTS

Plaintiffs alleged in their petition that during the period between October 6, 1998 and October 13, 1998, Jeremy Oldham suffered a severe blunt trauma to his lower back, causing life-threatening internal injuries to his right kidney and necessitating extensive emergency surgery. At the time of the injury, Jeremy Oldham (hereafter “Jeremy”) was a student at Southview School, within the Special School District of St. Louis County. From the undeveloped record before us, it seems Jeremy is severely retarded and requires the use of a wheelchair. He cannot verbally communicate, but does so through certain elementary signs and gestures.

On April 14, 1999, Jeremy’s mother filed a petition against the Special School District of St. Louis County for personal injury on alternative theories of battery and negligence. The petition also names the superintendent of the Special School District and the principal of Southview School as Defendants in their representative capacities. Mother alleged Jeremy was injured while at school, either by an improperly supervised student who was known to have uncontrollably violent tendencies or by the failure of school officials to follow the District’s regulations in lifting Jeremy in and out of his wheelchair.

On May 5, 1999, counsel for Respondents entered his appearance and, on May 17, 1999, filed an answer to Mother’s petition. On May, 18, 1999, Mother served her first set of interrogatories on Respondents. On June 16, 1999, Mother filed a motion to compel answers to the first set of interrogatories and Respondents filed a motion requesting an extension of time to respond to those interrogatories. The trial court granted Respondents an additional thirty days to answer the first interrogatories and continued the motion to compel until July 7,1999.

On July 7, 1999, a scheduling conference was held before Judge Campbell, at which time he placed the case on Track 1, the fastest schedule for discovery, and set a deadline for discovery of January 24, 2000. The trial court also denied Mother’s motion to compel answers to the first set of interrogatories. On August 4, 1999, Mother filed an application for a writ of mandamus in an effort to overturn the trial court’s denial of her motion to compel. This court denied the application for the writ on August 12,1999.

On September 8, 1999, Mother’s deposition was taken. Mother testified that the only places Jeremy was during the probable time of injury were at home and at school and that Jeremy was never out of her sight while at home. She further testified that Jeremy, while unable to convey the details of how his injury occurred, did indicate through gestures to her and an investigating detective that he was injured while at school.

On September 9,1999, the depositions of two staff members at Southview school were taken. These staff members acknowledged that Jeremy was not always in their sight while at school and that, near the time of Jeremy’s injury, Jeremy was left in a classroom with a violent and aggressive student who had physically hurt one of the staff members that same day. The staff members also admitted that on several occasions Jeremy was improperly lifted in and out of his wheelchair by one person, instead of the two required by school policy.

On September 27, 1999, Respondents filed their motion for summary judgment. On September 28, 1999, Mother served Respondents with her second set of interrogatories with answers due by October 28, 1999. On October 27, 1999, Mother filed her answer to Respondents’ motion for summary judgment with a supporting [255]*255affidavit of her attorney explaining the need for additional time to complete discovery. Mother’s attorney stated in his affidavit that he had not yet received Respondents’ answers to Mothers second set of interrogatories, which were not due until the day after Mother’s response to Respondents’ motion for summary judgment, and that said answers would provide the basis for additional persons to be deposed. In addition, Mother’s attorney stated that he had not yet been able to schedule the deposition of Dr. Weber, the surgeon who treated Jeremy and whose testimony would establish when and where Jeremy was injured. Lastly, Mother’s counsel argued he had scheduled the deposition of Dr. Garland, Jeremy’s personal physician who had also treated Jeremy, for December 16,1999.

On November 9, 1999, Judge Campbell denied Mother any additional time for discovery and granted Respondents’ motion for summary judgment two and one-half months before the discovery was to close according to the scheduling order. Mother appeals.

ANALYSIS

In her first point on appeal, Mother claims the trial court erred in granting Respondents’ motion for summary judgment because the motion was prematurely granted because discovery was not complete.

Discovery serves several purposes, including the elimination of surprise at trial, the ascertainment of truth and the narrowing of issues for trial. Spacewalker, Inc. v. American Family Mut. Ins. Co., 954 S.W.2d 420, 423 (Mo.App. E.D.1997). Summary judgment is not appropriate when the nonmoving party has adequately demonstrated that it needs more time for discovery. Rule 74.04(c)(2); Southard v. Buccaneer Homes Corp., 904 S.W.2d 525, 529 (Mo.App. S.D.1995). Rule 74.04(c)(2) states in pertinent part:

If the party opposing a motion for summary judgment has not had sufficient time to conduct discovery on the issues to be decided in the motion for summary judgment, such party shall file an affidavit describing the additional discovery needed in order to respond to the motion for summary judgment and the efforts previously made to obtain such discovery. For good cause shown, the court may continue the motion for summary judgment for a reasonable time to allow the party to complete such discovery.

The trial court is vested with wide discretion in administering the rules of discovery, and the exercise of the trial court’s discretion will not be disturbed by a reviewing court unless exercised unjustly. Great Western Trading Co. v. Mercantile Trust Co. Nat’l Ass’n, 661 S.W.2d 40, 43 (Mo.App.1983). A trial court abuses its discretion when its ruling is clearly against the logic of the circumstances then before the court and so arbitrary and unreasonable as to shock the sense of justice and indicate a lack of careful consideration. State ex rel. Webster v. Lehndorff Geneva, Inc., 744 S.W.2d 801, 804 (Mo. banc 1988).

The uncontroverted evidence appears to establish that Jeremy is severely retarded and cannot convey to anyone, through traditional means, exactly how and by whom he was injured.

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Bluebook (online)
22 S.W.3d 253, 2000 Mo. App. LEXIS 1116, 2000 WL 1010845, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sims-ex-rel-oldham-v-harmon-moctapp-2000.