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Hedgepath v. American Telephone and Telegraph Company12/10/2001
p., 316 S.C. 163, 447 S.E.2d 843 (1994).
II. Issues
Did the trial court err in granting summary judgment to Nassau and Gaston Cooper because it: abused its discretion in limiting discovery on the statute of limitations issue; misapplied the summary judgment burden of proof standard; misinterpreted the evidence as to each cause of action pled by the plaintiffs; and failed to apply the equitable estoppel doctrine.
III. Law/Analysis
A. Limitation of Discovery
These cases were designated complex litigation and assigned to one circuit court judge. The parties consented to a case management order that limited the initial phase of the proceedings to the statute of limitations issue. Discovery was specifically limited to that issue.
During the discovery phase, the plaintiffs filed a motion to compel against Nassau and Gaston Copper based upon objections filed by the defendants to interrogatories and requests for production. Essentially, the defendants objected to the requested discovery on the ground it exceeded the case management order and was directed toward the merits of the case, not the statute of limitations issue. The trial court agreed and denied the plaintiffs' motion to compel.
The rulings of a trial judge in matters involving discovery will not be disturbed on appeal absent a clear showing of an abuse of discretion. Bayle v. South Carolina Dep't of Transp., 344 S.C. 115, 542 S.E.2d 736 (Ct. App. 2001), cert. denied. An abuse of discretion occurs when there is no evidence to support the trial judge's factual conclusion or when the ruling is based upon an error of law. Id.
The plaintiffs contend the trial court abused its discretion by not allowing (1) depositions of defendants' personnel familiar with plant operations; (2) discovery of FBI information on plant operations; (3) discovery of company production data; and (4) production of confidential portions of the Dames & Moore Report. We agree with the trial court's conclusion that this information may have been relevant to the merits of the case, but it was not relevant to the question of when the plaintiffs knew, or should have known, that they might have had a cause of action against the defendants. Accordingly, we find no abuse of discretion.
B. Summary Judgment and the Statute of Limitations
The Banyard plaintiffs alleged causes of action for negligence, trespass, nuisance, and strict liability. The trial court granted the defense motions for summary judgment as to all causes of action. It found the Banyard plaintiffs were on notice that a claim against Nassau either did exist or might have existed before September 1987 (i.e., for those plaintiffs who originally filed their claims in federal court in 1993) or before November 1993 (i.e., for those plaintiffs who originally filed their claims in state court on November 13, 1996). With respect to Gaston Copper, the court concluded insufficient evidence was presented as to new and different injuries to any plaintiff from any alleged wrongdoing after the sale of the plant to Gaston Copper in 1990. The court noted that every plaintiff who was asked confirmed that he or she was claiming the same injuries against all defendants.
Summary Judgment
An appellate court reviews a grant of summary judgment under the same standard applied by the trial court pursuant to Rule 56, SCRCP. Baughman v. American Tel. and Tel. Co., 306 S.C. 101, 410 S.E.2d 537 (1991).
Summary judgment is proper when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Bayle, 344 S.C. at 119, 542 S.E.2d at 738 (Ct.
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