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Al-Gharib v. Al-Kheyat9/4/2001
A trial court has authority to vacate a judgment when it becomes aware that a prevailing party gave false testimony material to the judgment. When a party willfully disregards a trial court's discovery order the court has authority to dismiss the action. Substantial evidence supports the court's vacation of the judgment and dismissal of the case. We affirm.
FACTS
On July 20, 1996 Walid Al-Kheyat was driving an automobile that went off the road and collided with a large tree. There were three passengers in his vehicle: Mukles Al-Gharib, Adil Al-Saadi, and Saad Al-Khuzzaee.
All parties originally claimed that Al-Kheyat's vehicle was forced off the road by a green pickup truck that attempted to illegally pass Al-Kheyat's vehicle and that Al-Kheyat was not at fault. The green pickup truck was never identified.
Al-Gharib, Al-Saadi, and Al-Khuzzaee originally sought compensation for injuries under Al-Kheyat's uninsured motorist (UIM) coverage. However, Al- Kheyat's policy with Allstate excluded UIM coverage for accidents caused by 'phantom vehicles' unless the facts of the accident are corroborated by competent evidence other than from injured persons or those making a claim. Because there were no independent witnesses to the accident Allstate denied UIM coverage on the accident.
When the UIM claims were denied, Al-Gharib, Al-Saadi, and Al-Khuzzaee reversed their position and filed personal injury claims against Al-Kheyat claiming that he was negligent. On April 9, 1999 the court denied Al- Kheyat's motion for summary judgment stating in its order that there was 'a hair more than a scintilla of evidence, permitting the case to go to arbitration and/or trial{.}' The order also stated, 'plaintiffs are warned that CR 11 sanctions will be imposed if their present testimony is false, and may be imposed for any prior or present false statements that have impacted the conduct of this case.'
At his deposition on June 3, 1999, Al-Khuzzaee claimed that he had never seen any other doctor for his claimed injuries and that he had not sustained any injuries since the car accident, specifically denying any injuries to his neck, back, and hip. After an arbitration hearing on June 29, 1999, the arbitrator awarded $16,000 to Al-Gharib, $30,000 to Al-Saadi, and $21,000 to Al-Khuzzaee. Al-Kheyat requested a trial de novo, but that request was dismissed on August 10, 1999 because Al-Kheyat failed to file proof of service of the request with the court. The court entered judgment on the arbitration award on August 17, 1999. The court denied Al-Kheyat's motion for reconsideration on August 24, 1999 and entered an amended judgment on arbitration award on August 26, 1999.
After the judgment was entered Al-Kheyat discovered that Al-Khuzzaee had filed a Department of Labor & Industries claim for a workplace injury to his back and right hip. That injury allegedly occurred March 17, 1999, some three months before he denied any such injuries in his deposition. Al- Kheyat sought to vacate the judgment and on September 29, 1999 obtained an ex parte order setting a show cause hearing for October 12, 1999.
Neither Al-Gharib, Al-Saadi, Al-Khuzzaee nor counsel was present at the hearing. Apparently their counsel unilaterally chose not to appear despite receiving proper notice. Counsel also refused to make himself available on the alternate date of October 11. Although he had no prior commitment on that date he told the court he would be occupied preparing for a different hearing taking place on October 12. He did file a motion to continue the hearing, noted for the same day as the hearing, but failed to appear to argue that motion. Thus, t
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