State ex rel. Brown v. Dickerson

136 S.W.3d 539, 2004 Mo. App. LEXIS 893, 2004 WL 1381718
CourtMissouri Court of Appeals
DecidedJune 22, 2004
DocketNo. WD 63803
StatusPublished

This text of 136 S.W.3d 539 (State ex rel. Brown v. Dickerson) 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
State ex rel. Brown v. Dickerson, 136 S.W.3d 539, 2004 Mo. App. LEXIS 893, 2004 WL 1381718 (Mo. Ct. App. 2004).

Opinion

VICTOR C. HOWARD, Presiding Judge.

Relator Kimberly K. Brown (Brown) seeks a writ of prohibition against the Honorable Mary Dickerson (Respondent) to prevent enforcement of Respondent’s order that Brown answer certain interrogatories. Brown, the plaintiff in a premises liability and negligence action, maintains that the interrogatories, as drafted by the defendant, require her to provide privileged information and are overly broad and vague. This court issued a preliminary writ, which is now, in part, made absolute.

[541]*541Procedural Background

Brown filed suit against Merilyn Van-dervort Investments, L.L.C., d/b/a Jeremiah’s (Defendant) for injuries she sustained on July 15, 2001, when she fell in a parking lot of property located at 1213 Bittersweet Road in Lake Ozark, Missouri, which property was owned and operated, and in the possession and control of Defendant.1 In her amended petition, Brown alleged that Defendant was liable under premises liability and negligence per se theories for injuries she sustained when she fell from the upper level to the lower level of Defendant’s parking lot, which drop-off was not barricaded or guarded and was poorly lit. Brown alleged under each theory that

As a direct and proximate result of the above-referenced fall, [she] sustained injuries including open fracture of the vault of the skull and intra cranial hemorrhage, loss of consciousness, subdural hematoma and neck injury, all of which have caused her great pain and suffering in the past and will in the future continue to cause her pain and suffering. Further, [she] has incurred medical expenses to date in excess [of] $52,000 and will incur further medical expenses in the future, the total of which at this time are unknown. In addition, as a direct and proximate result of the injuries sustained in this occurrence, plaintiff has also suffered diminished earning capacity and lost wages, the total of which at this time are unknown.

On January 20, 2004, Defendant filed its “First Request for Interrogatories” directed to Brown. Three days later, Brown filed her objections to the request for Interrogatories, in which she specifically objected to Interrogatories No. 5, 6, 7, 11(d), 12,13,17, 20, 21, and 23.

On February 9, 2004, after hearing argument on the objections, Respondent entered her ruling which overruled Brown’s objections to Interrogatories No. 7,12, and 13 — the interrogatories at issue in this writ proceeding. Respondent granted Brown twenty days to answer those interrogatories.

On February 18, 2004, Brown filed her Petition for Writ of Prohibition with this court, seeking an order commanding Respondent to refrain from enforcing her ruling of February 9, 2004, and from taking any further action on Interrogatories No. 7, 12, and 13. This court granted a preliminary writ.

The Interrogatories

The interrogatories in dispute and Brown’s answers or objections thereto, which were overruled by Respondent, are as follows:

7. During the past five (5) years immediately before the occurrence mentioned in the Petition, had Plaintiff purchased or used any medicine distributed by any pharmacy or entity selling pharmaceutical supplies, and for each list:
(a) The name and address of each pharmacy or entity selling pharmaceutical supplies;
(b) The drug or medicine prescribed[.] ANSWER: Objection — overbroad, irrelevant and immaterial, beyond the scope of admissible discovery and not reasonably calculated to lead to the discovery [542]*542of admissible evidence. Calls for privileged information.
12. Have you ever been involved in any accidents either prior to or subsequent to the incident referred to in the Petition? If so, state:
(a) The date, place, type of accident and names and addresses of other parties involved.
(b) A detailed description of injuries you received.
(c) Names and addresses of all physicians, osteopathic physicians, surgeons, chiropractors, or other medical practitioners rendering treatment.
(d) Names and addresses of all hospitals rendering treatment.
(e) The nature and extent of recovery and if any permanent disability was suffered, the nature and extent of permanent disability.
(f) If any doctor or hospital submitted medical reports showing your injuries, treatment, condition or prognosis, either to you or your attorney or to any of your representatives, please attach copy of said reports to your Answers.
(g) If you were compensated in any manner for such injuries, state the names and addresses of each and every person or organization paying such compensation and the amount thereof.
ANSWER: Objection, overbroad, and calls for information which is immaterial, irrelevant and beyond the scope of permissible discovery. Further, calls for privileged information and work product.
13. Have you ever had any serious illness, sickness or disease, any surgical operations or been hospitalized either prior to or subsequent to the incident referred to in your Petition? If so, state:
(a) The date and place.
(b) A detailed description of your symptoms.
(c) The names and addresses of any hospitals treating you.
(d) The names and addresses of all physicians, osteopathic physicians, surgeons, chiropractors or medical practitioners rendering treatment.
(e) The approximate date of your recovery.
(f) If you did not fully recover, the date your condition became stationary, and a description of your condition at that time.
ANSWER: Objection- — overbroad, vague, calls for information which is immaterial, irrelevant and beyond the scope of permissible discovery. Further, calls for information which is privileged and may call for narrative.

Discussion

Brown argues that Respondent exceeded her authority and jurisdiction by requiring her to answer these interrogatories. Prohibition is the appropriate remedy to prevent the abuse of a trial court’s discretion in discovery proceedings. State ex rel. Stecher v. Dowd, 912 S.W.2d 462, 465 (Mo. banc 1995) {“Stecher”). As explained below, we agree that the trial court abused its discretion as to Interrogatories No. 12 and 13.

Rule 56.01(a)2 authorizes written interrogatories as a method of discovery. Rule [543]*54357.01(c), which governs the permissible scope of inteiTogatories, provides in relevant part that “[ijnterrogatories may relate to any matters which can be inquired into under Rule 56.01[.j” Rule 56.01(b)(1) allows parties to “obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action.” “The term ‘relevant’ is broadly defined to include material ‘reasonably calculated to lead to the discovery of admissible evidence.’ ” Stecher,

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136 S.W.3d 539, 2004 Mo. App. LEXIS 893, 2004 WL 1381718, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-brown-v-dickerson-moctapp-2004.