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French v. Hawaii Pizza Hut9/30/2004
(d) to the period of August 1, 1995 to December 6, 1995, the court unreasonably restricted the materials available to determine whether other employees returning from medical leave had in fact been transferred to restaurants similar to Stadium Mall. A longer period of time was necessary to determine whether a pattern or practice of transferring employees in this manner existed. While a one-year period is too brief as to items (1)(a), (b), and (c), a five-year period may be too lengthy. Thus, we remand for review by the court as to an appropriate period of time for items (1)(a), (b), and (c). In connection with item (1)(d), we hold that Appellant's request for approximately one year was reasonable.
As to items (2) and (3) relating to the request for the personnel files of all Stadium Mall Pizza Hut employees and documents relating to the termination or resignation of all Stadium Mall employees, we also hold that the court abused its discretion in denying the motion. Along with objections that the request was vague and ambiguous, Pizza Hut objected to items (2) and (3) on the grounds that the documents were "not related to [Appellant] and her claims, not relevant to the subject matter and [were] not reasonably calculated to lead to the discovery of admissible evidence." The court denied Appellant's request on the ground that there were "less invasive means" available to Appellant to discover the information but did not identify the "means."
Contrary to Pizza Hut's position, items (2) and (3) were clearly relevant. Appellant's complaint alleged that some of the employees transferred to the Stadium Mall restaurant were "substandard" and "poorly trained." Pizza Hut asserted that it provided adequate staffing for the Stadium Mall restaurant and that Appellant fired some employees because she disliked them. Thus items (2) and (3) were discoverable because they were relevant to Appellant's allegations that the employees at the Stadium Mall Pizza Hut were unqualified, and to Pizza Hut's defense of adequate staffing.
Furthermore, items (2) and (3) were not vexatious or broad because item (2) was limited in time to July through December of 1995, approximately the period of time Appellant was manager at Pizza Hut, and item (3) was limited to one year. Also, the scope of the discovery for items (2) and (3) was restricted to the Stadium Mall restaurant. We reiterate that a litigant in a civil action is entitled to access to all relevant information in the possession of another person before trial. See Wakabayashi, 66 Haw. at 275, 660 P.2d at 1315. The court may place conditions or limits on discovery of items (2) and (3) pursuant to the discretion provided by HRCP Rule 26(b)(1). But, a blanket denial in this case was not reasonable under the circumstances. Therefore, the court abused its discretion in denying Appellant's request as to items (2) and (3).
X.
Based on the foregoing reasons, (1) the court's November 29, 2000 judgment in favor of Pizza Hut is affirmed as to Appellant's age, gender, race, and/or national origin discrimination claims, (2) the said judgment is vacated with respect to Appellant's disability discrimination claim and that claim is remanded for further proceedings, and (3) the court's September 13, 2000 discovery order is vacated and remanded to the extent set forth in this opinion.
OPINION BY MOON, C.J., CONCURRING IN PART AND DISSENTING IN PART
I agree with the majority that the circuit court erred in concluding that, as a matter of law, plaintiff-appellant Bobbie L. French's lifting restriction did not constitute a substantial impairment of a major life activity. I also agree with the majority that summary judgment w
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