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Dickinson v. Usrey8/16/2001
nces in which the trial court determined there was sufficient evidence to reach a jury, the trial court would sever those cases for a complete "de novo trial."
Importantly, the claim forms would be the only means of discovery allowed under the plan, unless the trial court granted a request for additional discovery. In Bernal, the supreme court stated that "class actions do not exist in some sort of alternative universe outside our normal jurisprudence." 22 S.W.3d at 432. As appellants point out, the summary judgment scheme adopted by the trial court in this case does not exist anywhere in the universe of Texas law. Instead, it creates an "alternative universe" where normal jurisprudential rules and principles do not apply, and where the rights and protections afforded other product liability defendants, such as full and fair discovery, cross- examination of witnesses, and trial by jury, would be unfairly restricted, if not entirely denied. See generally In re Colonial Pipeline Co., 968 S.W.2d 938, 942 (Tex. 1998) (orig. proceeding) (vindicating defendants' rights in mass tort cases to case-by-case discovery on basic causal information); Able Supply Co. v. Moye, 898 S.W.2d 766, 772 (Tex. 1995) (orig. proceeding) (same). "Any proposal to expedite resolving individual issues must not unduly restrict a party from presenting viable claims or defenses without that party's consent." Bernal, 22 S.W.3d at 435; see also Tex. R. Civ. P. 815; Tex. Gov't Code Ann. ยง 22.004(a) (Vernon Supp. 2001).
Conclusion
For the above reasons, we hold that the trial court's certification order was an abuse of discretion because common issues do not predominate. Accordingly, we need not consider appellants' other objections to the class action or the trial plan.
We reverse the trial court's class certification order and remand the cause for further proceedings consistent with this opinion.
PUBLISH
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