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Dowsett v. Morris11/29/2002
Plaintiff-Appellant Nina Dowsett (Dowsett) appeals the August 29, 2000 judgment of the circuit court of the first circuit, the Honorable Karen N. Blondin, judge presiding. Dowsett also appeals the following orders of the court underlying its August 29, 2000 judgment: (1) the July 28, 2000 order granting Defendant-Appellee Judith Morris's (Morris) motion for summary judgment, (2) the July 28, 2000 order denying Dowsett's motion to continue the hearing on the motion for summary judgment, and (3) the August 29, 2000 order denying Dowsett's motion for reconsideration of the motion for summary judgment. We affirm.
I. Background.
On April 9, 1993, Dowsett was injured when the car she was driving was struck from behind, while stopped in traffic, by a car driven by Morris. Opposing pleadings below described the impact in different ways. Dowsett alleged that Morris "caused her vehicle to violently crash into vehicle" at "approximately 15 miles per hour." Morris maintained, on the other hand, that she "tapped" the back of Dowsett's car "at no more than 5 miles per hour." Morris described the incident as "a minor low impact rear-end accident[.]"
About four-and-a-half years after the accident, on October 3, 1997, Dowsett filed a complaint against Morris, alleging that Morris had been negligent or reckless in operating her vehicle, and that her wrongdoing had caused Dowsett injury . The complaint described Dowsett's injuries as follows: "[Dowsett] suffered severe physical injuries, pain, suffering, serious emotional distress, and a loss of enjoyment of life. [Dowsett] further incurred property loss and medical expenses." Dowsett's May 27, 1999 pretrial statement described the injuries caused by the accident in language identical to that used in her complaint.
Apparently, no police report on the accident had been filed, and service of the complaint and summons was delayed by Dowsett's lack of knowledge of Morris's whereabouts. Dowsett eventually served Morris on January 8, 1999. Morris answered the complaint on January 25, 1999, and in her answer asserted various defenses, including, that "[Dowsett's] claim is barred in whole or part by the applicable provisions of H.R.S. ยง431." In her July 26, 1999 responsive pretrial statement, Morris raised, inter alia, "the defense that [Dowsett's] claims are barred by the appropriate provisions of Hawaii's no-fault law."
On April 19, 1999, Dowsett's attorney signed and filed a certificate of service of Dowsett's answers to interrogatories propounded by Morris. Dowsett's answers, dated April 19, 1999, were not given under oath and signed by Dowsett, as required by Hawaii Rules of Civil Procedure (HRCP) Rule 33(a) (1999). They were signed by her attorney instead. They included the following:
6. State all physical and/or mental injuries or conditions you claim are a result of the incident.
Answer: Inability to function in my daily routine as a wife and mother of three and then four children. My neck and back hurt so much, I was unable to take care of my baby, nurse him, clean our condo, take care of my family. I could not exercise, because I did not want to do any further damage and I had searing pain from my neck down my arm and leg.
7. State all physical and/or mental injuries or conditions you suffered from at any time before the accident.
Answer: At the time of the accident I was 38. I had not had any previous car accidents. I had three children. My husband and I visited the chiropractor as preventive maintenance from time to time (when we felt we could afford it) and we both felt it was important to stay in alignment.
8. State all physical and/
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