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Gorostieta v. Parkinson12/15/2000
trial.
Trial courts are given broad discretion regarding the imposition of discovery sanctions because it is they that must deal first hand with the parties and the discovery process. See Morton v. Continental Baking Co., 938 P.2d 271, 274 (Utah 1997). We will interfere only if an abuse of discretion is clearly shown. See id. Persistent dilatory tactics that frustrate the judicial process are adequate to trigger rule 37 sanctions, and the choice of the appropriate sanctions is within the trial judge's discretion. See id.
Rule 16 of the Utah Rules of Civil Procedure provides that if a party or the party's attorney fails to comply with a pretrial order, the court may "make such orders with regard thereto as are just, and among others, any of the orders provided in Rule 37(b)(2)(B), (C), (D)." Utah R. Civ. P. 16(d). Rule 37 of the Utah Rules of Civil Procedure provides:
If a party . . . fails to obey an order to provide or permit discovery, . . . the court in which the action is pending may make such orders in regard to the failure as are just, and among others the following:
(B) an order . . . prohibiting [the disobedient party] from introducing designated matters in evidence . . . . Id. 37(b)(2).
Given the repeated dilatory conduct of the Gorostietas' attorney and the failure to comply with the pretrial order, there is ample evidence that the trial court did not abuse its discretion by ruling that the Gorostietas could not introduce any exhibits at the time of trial.
Nevertheless, while it is true that the Gorostietas had been precluded from introducing any exhibits, the medical expenses could have been proffered into evidence for appeal purposes but they never were. Therefore, the bills are not before us as a part of the record for our review and neither is a transcript of the doctor's testimony. As previously stated, the burden is upon the appellant to provide an adequate record for review, and without an adequate record, we must assume the regularity of the proceedings below. See State v. Wetzel, 868 P.2d 64, 67 (Utah 1993).
B. Medical Expenses
It is a general rule that the foundation to establish the reliability of medical expenses is to provide evidence of reasonableness and necessity. See Hansen v. Mountain Fuel Supply Co., 858 P.2d 970, 981 (Utah 1993) (noting that requirement for compensation in tort action is that expenses be reasonable and necessary) (citing Charles J. McCormick, Handbook on the Law of Damages § 90, at 323-27 (1935); 1 Jacob A. Stein, Stein on Personal Injury Damages §§ 5:1-5:3 (2d ed. 1991); 22 Am. Jur. 2d Damages §§ 197-206 (1988)); Simmons v. Wilkin, 80 Utah 362, 366, 15 P.2d 321, 323 (1932) (holding that special damages must be shown to be reasonable and necessarily resulting from accident). Therefore, once injuries have been shown, evidence is required to show that the medical expenses accurately reflect the necessary treatment that resulted from the injuries and that the charges are reasonable.
The Gorostietas claim it was error for the trial court not to allow Marie Gorostieta to read or testify as to the contents of the medical bills she received as evidence of their reasonableness. Parkinson argues that any testimony offered by Marie Gorostieta regarding the medical bills would have been hearsay. We find it unnecessary to address whether this evidence would have been hearsay because this court has already ruled that under the best evidence rule, a witness may not testify as to material contained in exhibits that have been previously denied admission. See Intermountain Farmers Ass'n v. Fitzgerald, 574 P.2d 1162, 1165 (Utah 1978); see also State v.
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