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Keith v. Valdez2/20/1997
In this personal injury action, plaintiff, Darcy Joan Keith, appeals from a judgment entered upon a motion for directed verdict in favor of defendants, Anthony Manuel Valdez and Keystone Resorts Management, Inc. (Keystone). We reverse and remand.
On December 21, 1990, Valdez, a Keystone employee, was driving a van owned by Keystone which he had taken without permission. Valdez was intoxicated and collided with Keith's vehicle. Keith alleges that she suffered severe neurological injuries as a result of the accident.
Keith filed a claim for uninsured motorist coverage with her insurer. To comply with the statute of limitations, she also filed a personal injury complaint in district court against Valdez and Keystone on December 17, 1992. On June 15, 1993, the trial court dismissed the claims against Keystone without prejudice. Keith and Valdez subsequently stipulated to a dismissal of the case without prejudice.
On December 20, 1993, Keith filed a second complaint which initiated the action that is the subject of this appeal. In January 1994, Keystone moved to dismiss the complaint on the ground that the refiling was merely "Judge shopping" and an attempt to circumvent the dismissal of Keystone in the previous action. The trial court denied the motion in May 1994 on the grounds that Keystone had been dismissed without prejudice from the previous action and that Keith had not acted in bad faith. In June 1994 trial was set for June 5, 1995.
Keith's attorney withdrew in November 1994 but promised Keith that he would file a disclosure certificate which was due on December 9, 1994. Accordingly, a disclosure certificate which had been signed by his paralegal was timely filed. Defendants filed motions to strike the disclosure certificate on the ground that it had not been signed by an attorney or a party and, therefore, violated C.R.C.P. 11 and 16 C.R.C.P. They also moved to dismiss for failure to prosecute.
In February 1995, the court denied the motion to dismiss for failure to prosecute because a trial date had been set, but granted the motion to strike the disclosure certificate. In April 1995, the trial court denied Keith's subsequent pro se motions for "reconsideration of the motion [to accept] her disclosure certificate" and for leave to file amendments to her disclosure certificate. In May 1995 it granted defendants' motion to strike a supplemental disclosure certificate filed and signed by Keith.
Subsequently, Keith secured new counsel, and a trial was held on June 5, 1995. However, because Keith's disclosure certificate had been stricken, she was not permitted to call any witnesses other than Valdez and herself. At the end of Keith's case, the trial court granted motions for directed verdict in favor of defendants. This appeal followed.
I.
Keith first contends that the trial court abused its discretion when, as a sanction for failing to sign her pretrial disclosure certificate, it limited the witnesses she could call at trial to Valdez and herself. We agree.
The purposes of discovery and pretrial procedural rules include the production of all relevant evidence, the elimination of surprises at trial, the simplification of issues, and the encouragement of fair and just settlements. See 12 D. Knapp, Colorado Civil Procedure Forms and Commentary ยง 26.1 (1996). The purpose of the disclosure mandated by former C.R.C.P 16 is to provide parties with adequate time to prepare by obtaining relevant evidence to prevent trial by ambush and surprise. J.P. v. District Court, 873 P.2d 745 (Colo. 1994).
Sanctions for failure to comply with disclosure rules are applied at the discretion of the tria
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