Warren v. Sandoz Pharmaceuticals Corp.

783 So. 2d 735, 2000 Miss. App. LEXIS 395, 2000 WL 1186290
CourtCourt of Appeals of Mississippi
DecidedAugust 22, 2000
Docket98-CA-00088-COA
StatusPublished
Cited by12 cases

This text of 783 So. 2d 735 (Warren v. Sandoz Pharmaceuticals Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Warren v. Sandoz Pharmaceuticals Corp., 783 So. 2d 735, 2000 Miss. App. LEXIS 395, 2000 WL 1186290 (Mich. Ct. App. 2000).

Opinion

783 So.2d 735 (2000)

Leigh Ann WARREN, Appellant,
v.
SANDOZ PHARMACEUTICALS CORPORATION, Appellee.

No. 98-CA-00088-COA.

Court of Appeals of Mississippi.

August 22, 2000.
Rehearing Denied February 6, 2001.
Certiorari Denied May 3, 2001.

*737 Mark C. Baker, Brandon, John W. Christopher, Ridgeland, Attorneys For Appellant.

Mildred M. Morris, Jackson, Katharine R. Latimer, Joe G. Hollingsworth, Washington, DC, Attorneys For Appellee.

BEFORE McMILLIN, C.J., LEE, AND THOMAS, JJ.

LEE, J., for the Court:

¶ 1. Leigh Ann Warren and her husband Dan Warren filed a complaint against Sandoz Pharmaceuticals Corporation n/k/a Novartis Pharmaceuticals Corporation (Sandoz), the Kroger Company, Paracelsus Women's Hospital, Inc., and William Sutherland, M.D. Immediately prior to trial Dan Warren dismissed his claims. Leigh Ann Warren stated that Dr. Sutherland had prescribed Parlodel, which is manufactured by Sandoz, and was distributed by the Kroger Company and Paracelsus Women's Hospital, and as a result of her consumption of Parlodel she suffered an intra cerebral hemorrhage. Out of all the parties formerly enumerated, only Sandoz and Dr. Sutherland proceeded to trial. During the trial of this matter Dr. Sutherland was dismissed. At the conclusion of the trial, the jury rendered a verdict in favor of Sandoz, thereby, denying Warren any actual, compensatory, or punitive damages. Feeling aggrieved by this judgment, the following is a verbatim statement of the issues presented by Warren: (1) whether the trial court abused its discretion and committed reversible error in denying the plaintiff's motion to compel discovery from the defendant and in denying the plaintiff a new trial based on defendant's discovery abuses, which were discovered after trial, and (2) whether the trial court abused its discretion and committed reversible error in allowing James Martin, M.D. to testify as an expert witness on behalf of Sandoz Pharmaceuticals Corporation, in the absence of having been designated in pre-trial procedures by Sandoz as an expert witness. This Court determines that both of these issues are without merit. Accordingly, we affirm the trial court.

FACTS

¶ 2. In 1993, Leigh Ann Warren was pregnant. Warren's pre-natal care was provided by Dr. Sutherland. Warren delivered her child by cesarean section. Dr. Sutherland was available to assist in the delivery of her child. Shortly after the child's birth, Dr. Sutherland administered the prescription drug Parlodel to suppress Warren's milk lactation. Warren was also given a prescription for Parlodel to be filled upon her discharge from the hospital. Warren was discharged from the hospital, and she filled the prescription for Parlodel the next day. Warren took two Parlodel pills daily for approximately one week. Subsequently, Warren suffered a massive stroke which she alleged in her complaint was caused by the consumption of the drug, Parlodel. While this is a brief background of the facts that initiated this cause of action, the facts that are relevant to the discussion of our issues on appeal are those that pertain to the pre-trial procedures regarding discovery between Warren and Sandoz. The specific facts that are entailed in Warren's alleged discovery abuses by Sandoz will be discussed below as we address each issue.

*738 STANDARD OF REVIEW

¶ 3. The abuse of discretion standard is applied in the granting of a new trial. A trial judge should only grant a new trial, when after employing his sound discretion, he or she is certain that the verdict is contrary to the substantial weight of the evidence. C & C Trucking Co. v. Smith, 612 So.2d 1092, 1099 (Miss. 1992). "A greater quantum of evidence favoring the party against whom the motion is made is necessary for that party to withstand a motion for a new trial as distinguished from a motion for j.n.o.v." Id. (quoting Jesco, Inc. v. Whitehead, 451 So.2d 706, 714-17 (Miss.1984)). On appeal, this Court considers the granting or denial of a new trial by a trial judge under a very limited inquiry. This Court must determine whether the ruling of the trial judge is such that we can fairly identify it as an abuse of discretion. Id.

¶ 4. Applying this standard of review to the trial judge's exercise of discretion requires a substantial amount of discretion— and deference-by the Court. Id. "In matters such as these we must always recognize that it is the trial judge who is on the scene. There is no way we could ever become as familiar with the proceedings at trial as the trial judge." Id.

¶ 5. This Court is also limited in reversing a trial court's actions regarding its decisions relating to discovery. The aforementioned standard of review still applies. This Court may only reverse the trial judge's ruling regarding discovery if we find that there has been an abuse of discretion. Harkins v. Paschall, 348 So.2d 1019, 1022 (Miss.1977). Therefore, it is the abuse of discretion standard of review that this Court will apply when addressing the issues of whether the trial judge was in error regarding the denial of the motion to compel, whether the granting of a new trial was merited, and whether there were discovery violations that warranted the imposition of sanctions.

DISCUSSION

I. WHETHER THE TRIAL COURT ABUSED ITS DISCRETION AND COMMITTED REVERSIBLE ERROR IN DENYING WARREN'S MOTION TO COMPEL DISCOVERY FROM SANDOZ AND IN DENYING WARREN A NEW TRIAL BASED ON SANDOZ'S DISCOVERY ABUSES, WHICH WERE DISCOVERED AFTER TRIAL.

¶ 6. Warren argues that Sandoz failed to completely respond to interrogatories and requests for production propounded by her; therefore, the trial judge erred when he denied a motion for a new trial and/or sanctions. Initially, Warren had filed a motion to compel requesting the trial court to order Sandoz to produce additional documents in response to Warren's interrogatories and requests for production. In response to Warren's motion to compel the trial judge stated:

Well, if you're asking, though, for any document from Sandoz that might be detrimental to their position and enhance your case that they have produced in any of these 97 lawsuits or any other litigation they've been involved in or any other claims, that's over broad. State courts have not gone to that extreme in discovery yet.
Identifiable documents, things that would be relevant to this case, Mark, certainly you're entitled to. But there has got to be a line somewhere. And I think that your request right now is over broad. You may be asking for the whole hog hoping to get the hindquarter, but I can't make that distinction right now.
*739 If you're asking for every document that Sandoz has ever produced in any litigation, that's too broad. I don't know that a Judge in Arkansas would make the same rulings regarding discovery that I would.
I think you'd be entitled to go back, limit the scope of your inquiry, and take another shot at them. And if we need to extend discovery to do that, I'd be inclined to do it; but I think right now it's over broad.

The record does not reveal that any additional interrogatories or requests for production were served on Sandoz. Indeed, on August 6, 1997, the day the motion to compel was heard by the trial judge, Warren represented that she was ready to proceed to trial which was scheduled to begin on September 15, 1997. The trial began on the aforementioned date without any further motion to compel having been filed.

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Bluebook (online)
783 So. 2d 735, 2000 Miss. App. LEXIS 395, 2000 WL 1186290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warren-v-sandoz-pharmaceuticals-corp-missctapp-2000.