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Hales v. Oldroyd3/16/2000
(For Official Publication)
Fourth District, Provo Department The Honorable Ray M. Harding, Jr.
Marilyn Hales appeals the trial court's dismissal of her complaint against Dr. J. Jay Oldroyd and Dr. Nolan B. Money (the Doctors). The trial court dismissed Hales's claim without prejudice as a discovery sanction based on her numerous delays and failures to comply with discovery requirements. Hales asserts on appeal that the trial court erred in dismissing her complaint based on a variety of procedural and substantive grounds. We affirm.
BACKGROUND
Hales filed a complaint initiating this action in August of 1993. The complaint alleged counts of medical malpractice against the Doctors stemming from abdominal surgery they performed in April of 1987. In the initial complaint, Hales also named Mountain View Hospital (Mountain View) as a defendant because the operations took place at that hospital.
After its motion to dismiss based on lack of agent liability failed, Mountain View filed an answer and began to pursue discovery for its defense in August of 1994. Over the next several months, Mountain View served two sets of interrogatories on Hales. Hales filed for additional time to answer the first set, but even with additional time failed to properly respond. After Hales failed to completely answer Mountain View's first interrogatories and failed to respond at all to its second set of interrogatories, even after motions to compel and a court order commanding a response, Mountain View filed a motion to dismiss as a discovery sanction. The court granted Mountain View's motion in August of 1995, and dismissed Hales's complaint as to Mountain View, under Utah Rule of Civil Procedure 37.
Meanwhile, the Doctors were also pursuing discovery for their defense, and were also experiencing difficulty getting prompt cooperation in discovery from Hales. The Doctors had requested that Hales sign several medical release forms which would enable them to obtain her medical records from out-of-state medical providers. The releases were requested by informal letter dated February 17, first requesting a response within approximately two weeks.
After receiving no response, the Doctors sent follow-up letters. The final letter notified Hales that if the releases were not received by April 3, the Doctors would file a motion to compel. The Doctors filed their first motion to compel discovery on April 11, 1995, asking the court to compel production of the release forms. Although not completely clear from the record, it appears that the Doctors actually received the releases before the filing of the motion to compel. No court action was taken on this motion.
The Doctors filed a second motion to compel on June 30, 1995. The second motion also concerned medical release forms requested from Hales. The Doctors requested additional releases by letter dated May 5, with the responses requested by May 16. A follow-up letter was sent on May 22, but still no response from Hales was received before the motion to compel. The Doctors filed a notice to submit for decision on August 4, 1995, noting that Hales had not filed a responsive memorandum.
On August 29, 1995, the court granted the Doctors' motion to compel. In the ruling, the court gave Hales twenty days from the signing of the order to provide the requested releases. Hales provided the releases within twenty days of the court's ruling, thereby complying with the court order.
The Doctors filed another motion to compel on July 30, 1998, asking the court to compel the production of medical records allegedly altered by defendants and their attorneys.
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