State Ex Rel. Collins v. Donelson

557 S.W.2d 707, 1977 Mo. App. LEXIS 2792
CourtMissouri Court of Appeals
DecidedOctober 11, 1977
Docket29237
StatusPublished
Cited by20 cases

This text of 557 S.W.2d 707 (State Ex Rel. Collins v. Donelson) 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. Collins v. Donelson, 557 S.W.2d 707, 1977 Mo. App. LEXIS 2792 (Mo. Ct. App. 1977).

Opinions

ORIGINAL PROCEEDING IN PROHIBITION

Before PRITCHARD, C. J., and SHAN-GLER, DIXON, SWOFFORD, WASSER-STROM, SOMERVILLE and TURNAGE, JJ.

TURNAGE, Judge.

This original proceeding in prohibition was brought by the Director of the Missouri Division of Highway Safety and the Coroner of Mercer County. The object of the writ is to restrain the respondent judge from enforcing his order compelling the re-lators to comply with a subpoena duces tecum to produce a report made by the Coroner to the Director as required by § 58.445, RSMo 1977 Supp.

This court issued its preliminary rule in prohibition. Relators contend the rule should be made permanent because § 58.-449, RSMo 1977 Supp. prohibits the results of the test made by the Coroner from being used except for statistical purposes. Preliminary rule made permanent.

The underlying case, which brought about the issuance of a subpoena duces tecum, involves a claim against Old American Insurance Company on a policy of insurance issued on the life of Robert L. Girdner. Girdner died within four hours after being involved in an automobile accident and the Coroner of Mercer County performed the blood test required by § 58.-445. Results of this test, along with the required report, were sent to the Director of the Missouri Division of Highway Safety.

Both the plaintiff and the defendant in the underlying case sought the results of [709]*709the test made on Girdner and to that end issued a subpoena duces tecum to the Director and Coroner. When these two officials appeared for their deposition, they both stated they had in their possession a copy of the report together with the results of the test made by the Coroner on Girdner. However, both refused to divulge the results of the test because of the provision of § 58.449.

A motion was filed with the respondent judge to compel compliance with the subpoena duces tecum and the judge ordered both officials to comply with the subpoena and to produce the results of the test and the report made to the Director. The filing of this proceeding in prohibition followed.

Section 58.445 provides:

1. If any driver or pedestrian within his jurisdiction dies within four hours of and as a result of an accident involving a motor vehicle, the coroner shall report the death and circumstances of the accident to the Missouri division of highway safety in writing. The report shall be made within five days of the conclusion of the tests required in sub-section 2.
2. The coroner shall make or cause to be made such tests as are necessary to determine the presence and percentage concentration of alcohol, and drugs if feasible, in the blood of the driver or pedestrian. The results of these tests shall be included in the coroner’s report to the division.

Section 58.449 provides:

The contents of the report and results of any test made pursuant to the requirements or authorizations of sections 58.445 to 58.449 shall be used only for statistical purposes which do not reveal the identity of the deceased.

Prohibition is the proper remedy when a trial court has ordered discovery and the order exceeds the jurisdiction of the court State ex rel. Thomasville Wood Products, Inc. v. Buford, 512 S.W.2d 220, 221[1-5] (Mo.App.1974). Thus, if the order made by the respondent judge compelling the officials here involved to produce the results of the test made pursuant to § 58.445 is in violation of § 58.449, then the preliminary rule in prohibition should be made permanent because such would be in excess of his jurisdiction.

The relators contend § 58.449 is clear and unambiguous and by its plain terms prevents such officials from disclosing the result of the test to anyone. Relators point to the language “shall be used only for statistical purposes” and argue that such phrase manifests a clear legislative intent the test result shall not be used in any other manner.1

The respondent and Amici Automobile Club of Missouri and General American Life Insurance Company contend the statute, if construed according to relators’ view, would thwart discovery and prevent vital relevant evidence from being made availa[710]*710ble in the underlying suit.2 No question is raised concerning the power of the legislature to restrict the use of the test results.

A well settled rule of statutory construction states: “When the language of a statute is unambiguous and conveys a plain and definite meaning, the courts have no business to look- for or to impose another meaning. DePoortere v. Commercial Credit Corporation, 500 S.W.2d 724, 727[1] (Mo.App.1973). If a statute is unambiguous, a court should regard it as meaning what it says since the legislature is presumed to have intended exactly what it states directly. DePoortere v. Commercial Credit Corporation, supra at 727[2]. Pedroli v. Missouri Pacific Railroad, 524 S.W.2d 882, 884[1, 2] (Mo.App.1975).

It is readily apparent the language of the statute involved here is written in plain and simple English. The Coroner is required to make such test as necessary to determine the presence and percentage concentration of alcohol, and drugs, if feasible, in the blood of a driver or pedestrian who dies within four hours after an accident involving a motor vehicle. The Coroner is directed to make a report of the death and circumstances of the accident to the Division of Highway Safety in writing. The contents of the report and results of any test shall be used only for statistical purposes which do not reveal the identity of the deceased.

The provision that the contents of the report and the results of any test shall be used only for statistical purposes is a broad and complete restriction as to the use which may be made of the report and test results. The word “only” is defined as meaning “alone in its class, sole, single, exclusive, solely, this and no other, nothing else or more.” Hiner v. Hugh Breeding, Inc., 355 P.2d 549, 551[2] (Okl.1960). See also 67 C.J.S. pp. 498, 499.

By use of the word “only” the legislature has limited the use of the report and test results for statistical purposes solely, exclusively and for nothing else or more. This is the plain meaning of the statute when the word “only” is used.

Respondent and Amici contend the restrictive phrase, “shall be used only for statistical purposes,” applies only to the use which the Director shall make of the information. However, the statute does not limit any person or agency. The limitation is directed to the use which may be made of the report and test results. The limitation on this use solely for statistical purposes results from the plain language employed.

The conclusion necessarily follows that this statute, written in plain English, restricts the use of the report and test results to statistical purposes. It inevitably follows that such report and test results cannot be made available to litigants or anyone else.

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Bluebook (online)
557 S.W.2d 707, 1977 Mo. App. LEXIS 2792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-collins-v-donelson-moctapp-1977.