Watson v. Johnson

848 So. 2d 873, 2002 WL 31829505
CourtCourt of Appeals of Mississippi
DecidedDecember 17, 2002
Docket2001-CA-01400-COA
StatusPublished
Cited by16 cases

This text of 848 So. 2d 873 (Watson v. Johnson) 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
Watson v. Johnson, 848 So. 2d 873, 2002 WL 31829505 (Mich. Ct. App. 2002).

Opinion

848 So.2d 873 (2002)

Anthony WATSON, Appellant,
v.
Margaret JOHNSON, Appellee.

No. 2001-CA-01400-COA.

Court of Appeals of Mississippi.

December 17, 2002.
Rehearing Denied March 18, 2003.
Certiorari Denied June 26, 2003.

*874 Jonathan B. Fairbank, Jackson, attorney for appellant.

William C. Griffin, Juliette Veronica Wilson, Jackson, attorneys for appellee.

Before KING, P.J., IRVING, and BRANTLEY, JJ.

BRANTLEY, J., for the court.

¶ 1. Anthony Watson sued Margaret Johnson for damages arising from an automobile accident. The Hinds County Circuit Court entered an order for summary judgment in favor of Johnson. Watson appeals to this Court asserting that the trial court erred in its grant of summary judgment. Finding no error, we affirm.

FACTS AND PROCEDURAL HISTORY

¶ 2. The evidence is uncontradicted that Anthony Watson and Margaret Johnson were involved in a collision of their motor vehicles on April 26, 1995. On April 23, 1998, Watson filed a complaint, maintaining that the accident was caused by Johnson's negligence and that, as a result, he was injured. Watson particularly sought compensation for past and future medical expenses incurred to treat the injury, for physical pain and suffering, for mental pain and suffering, for property damage to his automobile, and for loss of enjoyment of life. On September 21, 1998, Johnson countered denying any negligence in the matter and stated that she was without sufficient knowledge to form a belief as to the truth of Watson's allegation that he was injured or suffered any damages. At this time, Johnson also filed interrogatories and requests for production of documents.

¶ 3. Watson did not respond to Johnson's interrogatories and requests for production of documents and on January 13, 1999, Johnson filed a motion to compel discovery, which was granted in an order dated March 8, 1999, wherein, the court ordered Watson to respond to discovery by March 18, 1999. After an agreed extension between *875 the parties, on March 26, 1999, Watson replied to the interrogatories and provided medical records.

¶ 4. In his answers, he specifically stated how the accident occurred, listed damages and injuries, particularly claiming compensatory damages for pain and suffering in his lower back, neck, and both legs from the aggravation of existing injuries, for costs and repairs of his automobile, for mental suffering and exacerbation of his depression, and for past and future medical expenses. Watson further stated that the persons listed in the police report, his parents and children, and his physicians could bear witness to the allegations in his complaint. In addition, Watson stated that his medical providers could bear witness to the expenses that he has incurred in the treatment of his injuries, but that due to his pre-existing injuries he was segregating those expenses relating to this collision and would supplement his answer in a timely manner. He did not list or identify the medical providers or the individuals listed in the police report. As to Johnson's request for a list of Watson's expert witnesses, Watson stated that he "has not yet decided those persons he will call to render expert testimony at trial."

¶ 5. In response to the request for documents, Watson produced medical records dating from 1992 to 1997. The records that pre-date the accident are related to treatment for injuries from a slip and fall accident which occurred on May 20, 1992, and an accident which occurred on July 7, 1992, where Watson's automobile was rear-ended by a city bus. The records that post-date the accident specifically note that the treatment and accompanying bills pertain to a work-related accident which occurred on May 20, 1992. The records do not state that the treatment or bills relate to the accident in question. There is no indication from the medical records that Watson had been treated or diagnosed for injuries resulting from the April 1995 accident.

¶ 6. As a result, on April 12, 1999, Johnson inquired by letter into the omission of any medical providers for the claimed injuries of the accident in question. On April 15, 1999, via hand delivery, Watson's counsel forwarded medical documents and a letter to the defense stating that all medical records in his possession concerning Watson had been submitted. The attached second set of produced records were identical to the documents previously produced.

¶ 7. Subsequently, on July 16, 1999, Johnson filed a motion to dismiss or in the alternative for summary judgment. In the motion, Johnson requested that the case be either dismissed for failure to comply with the court's order compelling discovery or, alternatively, that summary judgment be granted because no genuine issue of material fact existed. This motion is noted in the index, but does not appear in the record. In response, Watson stated that he intended to introduce testimony of Dr. Pierre, his treating chiropractor, to testify as to the culpability of the various accidents in producing Watson's back pain. He further claimed that the produced medical records support his claim that pre-existing injuries were aggravated and that the medical records created a factual issue as to whether the treatment after the accident related to those prior accidents or to the accident in question. He also claimed that his testimony is credible and that he will testify at trial that the accident aggravated his injuries.

¶ 8. On October 8, 1999, in a brief order, the trial court denied Johnson's motion to dismiss or in the alternative summary judgment. A transcript of the hearing does not appear in the record and the circuit court did not give a detailed reasoning *876 for its decision. Subsequently, on December 13, 1999, the trial court determined that the dispute was appropriate for mediation and therefore, entered an order of referral requiring the parties to complete the mediation in good faith by January 30, 2000. An order was later granted to continue the completion of mediation. The first session of mediation occurred on June 14, 2002. After approximately one hour had passed, the mediator ended the session when Watson abruptly left the room because of an illness. There is no transcript available of the meeting. A second session was scheduled for July 17, 2000, but according to Johnson, Watson stated that he would only attend the session if negotiations began at $1,000,000. When these terms were rejected by Johnson, Watson refused to participate. The mediator then concluded that scheduling any future mediation sessions would be pointless.

¶ 9. On August 4, 2000, Johnson properly noticed Watson for a deposition on September 13, 2000, and stated that the set date would not be changed unless Watson gave a precise alternate date. On the morning of the deposition, Watson's counsel informed Johnson that Watson would not be able to attend the deposition because Watson was "hearing too many voices in his head." Johnson's counsel informed Watson's counsel that he was going to proceed regardless of Watson's attendance. Watson's counsel appeared for the deposition without him and a record was made of his absence.

¶ 10. Consequently, on January 17, 2001, Johnson filed a renewed motion for summary judgment or, in the alternative, motion for dismissal for failure to appear at a deposition or to compel appearance at a deposition or, in the alternative, a motion for sanctions for failure to appear at a court ordered mediation.

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848 So. 2d 873, 2002 WL 31829505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watson-v-johnson-missctapp-2002.