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Grant v. Kmart Corporation12/18/2001
DATE OF TRIAL COURT JUDGMENT: 07/18/2000
TRIAL JUDGE: HON. W. SWAN YERGER
COURT FROM WHICH APPEALED: HINDS COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
TRIAL COURT DISPOSITION: MOTION TO DISMISS WITH PREJUDICE GRANTED
DISPOSITION: AFFIRMED - 12/18/2001
. Dorothy Grant filed suit for injuries allegedly resulting from a fall at a Kmart Super Center store. The circuit court dismissed the suit with prejudice as a result of dishonest responses to discovery. Grant alleges that less severe sanctions would have sufficed, that there was no pattern of wilful misconduct, and that Kmart was not prejudiced. We disagree and affirm.
STATEMENT OF FACTS
. Dorothy Grant alleges that she was injured at a Kmart Super Center in June of 1996. She says that she slipped in a puddle of water that had formed on the floor. Suit was filed in 1997.
. Grant objected to the following two interrogatories submitted by Kmart.
Interrogatory No. 12:
Have you ever suffered any injuries to your shoulders, back, knees, or hip in any accident either prior to or subsequent to the accident referred to in the complaint? If your answer is yes, give the date and place of the accident, a description of the injuries received, the names of all physicians or other persons who rendered medical treatment, names and addresses of any hospital where you were treated, the nature and extent of your recovery, and the nature and extent of your permanent disability.
Interrogatory No. 13:
Have you ever had any serious illness, sickness, disease or surgical operation to your shoulders, back, knees, or hip, either prior to or subsequent to the accident complained of in the complaint? If your answer is yes, then give the date and place, a detailed description of your symptoms, the names and addresses of any hospital rendering treatment, the approximate date of your recovery, and if you have not recovered the date your condition became stationary and a description of your condition at that time.
In July 1998, the circuit court granted Kmart's motion to compel responses to the interrogatories, overruling Grant's objection that these were beyond the scope of discovery. The court also ordered that Kmart be allowed to subpoena Grant's medical records from the medical providers listed in Grant's responses to these interrogatories.
. In August 1998, Grant filed supplemental answers. To Interrogatory No. 12, Grant responded that "I suffered a mild shoulder strain to my right shoulder approximately 15 years ago playing with my dog. I was treated at the Mississippi Sports Medicine Clinic. I do not recall the name of the treating physician." To Interrogatory No. 13, Grant simply responded "no."
. Also in August 1998, Kmart deposed Grant. The relevant portion of the examination of Grant by Kmart's counsel is this:
Counsel: Have you ever had any other falls either before this fall or after it?
Grant: No.
Counsel: You haven't slipped and fallen anywhere else?
Grant: I mean -- no, huh-uh, not to hurt myself. We all fall every day but not to hurtmyself, huh-uh.
Counsel: You haven't had any other falls where you have had -
Grant: No.
Counsel: -- sought any type of medical treatment?
Grant: No.
. Kmart and the trial court became aware two weeks before the scheduled trial that these answers did not reveal the complete story of Grant's injuries. On April 20, 2000, Grant's counsel sent to Kmart copies of exhibits th
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