Wright v. Desate, Inc.
State: Illinois
Court: 3rd District Appellate
Docket No: 3-96-1048
Case Date: 10/30/1997
No. 3--96--1048
_________________________________________________________________
IN THE APPELLATE COURT OF ILLINOIS
THIRD DISTRICT
A.D., 1997
KENNETH WRIGHT and MARY C. ) Appeal from the Circuit Court
WRIGHT, ) for the 13th Judicial Circuit,
) LaSalle County, Illinois
Plaintiff-Appellees, )
)
v. )
)
DESATE, INC., et al., )
)
Defendants, and )
)
SEARS ROEBUCK & COMPANY, )
)
Defendant-Appellant, ) No. 92--L--352
Cross-Appellee. - )
)
SEARS ROEBUCK & COMPANY, )
)
Third-Party Plaintiff, )
)
v. )
)
SIGNAL DELIVERY SERVICE, )
INC., ) Honorable
) Louis J. Perona
Third-party Defendant. ) Judge, Presiding
_________________________________________________________________
JUSTICE BRESLIN delivered the opinion of the court:
_________________________________________________________________
In this appeal, we are asked to determine whether Supreme
Court Rule 219(e) (Official Reports Advance Sheet No. 20 (Sept. 27,
1995), R. 219(e), effective Jan. 1, 1996) limits the plaintiff's
right to a voluntary dismissal when the plaintiff voluntarily
dismisses a suit to avoid the impact of discovery sanctions. We
are also asked to determine whether the written order set forth the
reason for the sanction with sufficient detail to satisfy Supreme
Court Rule 219(c)(Official Reports Advance Sheet No. 20 (Sept. 27,
1995), R. 219(c), effective Jan. 1, 1996) when it gave no specific
reason for barring the witnesses' testimony. We hold that Supreme
Court Rule 219(e) permits a voluntary dismissal even when the
dismissal is prompted by discovery sanctions. We also hold that
when considered in concert with the record, the written sanction
order satisfies the statutory requirements of specificity under
Rule 219(c). Accordingly, we affirm.
FACTS
Plaintiffs Kenneth and Mary Wright filed a complaint against
defendant Sears Roebuck & Co. (Sears) and several other defendants
after Kenneth was injured while unloading a truck at a Sears
warehouse. He alleged that Sears improperly packaged the boxes and
failed to clean the trailer before loading it. In the days leading
up to the trial, the parties filed several motions. In one of
these written motions, Sears sought to bar testimony of two of the
Wrights' expert witnesses because the Wrights had not responded to
discovery requests in a timely manner. Both parties filed briefs
in support of their position on this motion. Without stating any
basis for the determination in the written order, the trial court
granted the motion. Thereafter, the Wrights filed a written motion
to reconsider. At the conclusion of the hearing on this motion,
the court stated:
"I think it should have been abundantly clear to the
plaintiff, and I think I made it clear, that the case
would not be continued beyond December and that it would
be tried this year.
And then to wait until the middle of November to notice
up the evidence depositions of two essential witnesses
seems to me to be a pretty fast and loose method of
handling cases.
I have never barred testimony before, but I think this
case requires it and I am going to deny the motion to
reconsider."
The Wrights then filed a motion to voluntarily dismiss their case,
and that motion was granted over Sears's objection. Both parties
appeal.
DISCUSSION
The first question we must answer is whether Supreme Court
Rule 219(e) bars a party from voluntarily dismissing a case when
the movant's purpose for doing so is to avoid the impact of a
discovery order.
Rule 219(e) provides:
"A party shall not be permitted to avoid compliance with
discovery deadlines, orders or applicable rules by
voluntarily dismissing a lawsuit. In establishing
discovery deadlines and ruling on permissible discovery
and testimony, the court shall consider discovery
undertaken (or the absence of same), any misconduct, and
orders entered in prior litigation involving a party."
Official Reports Advance Sheet No. 20 (Sept. 27, 1995),
R. 219(e), effective Jan. 1, 1996.
When interpreting Supreme Court Rules, we apply the same rules
applicable to interpreting statutes. Arnett v. J.D. Young, 269
Ill. App. 3d 858, 646 N.E.2d 1265 (1995). A statute is considered
ambiguous if it is susceptible to more than one reasonable
interpretation. Snyder v. Olmstead, 261 Ill. App. 3d 986, 634
N.E.2d 756 (1994). If a statute or rule is ambiguous, a court may
consider other sources, such as its Committee Comments, to
ascertain the purpose of the rule. People v. Ross, 267 Ill. App.
3d 711, 642 N.E.2d 914 (1994). Although Committee Comments are not
binding on this court, they may be used to determine the
application of a rule. See People v. Plewka, 27 Ill. App. 3d 553,
327 N.E.2d 457 (1975).
The interpretation of Rule 219(e) appears to be an issue of
first impression. Sears suggests that the first sentence of Rule
219(e) prohibits dismissal if the purpose is to avoid the impact of
a discovery order. The Wrights suggest that rather than limiting
a plaintiff's unfettered right to dismissal, the first sentence
merely seeks to set forth the objective of the Rule. The purpose
of the Rule, they contend, is to prevent a plaintiff from avoiding
any impact on future litigation by voluntarily dismissing the
present case due to unfavorable rulings.
We find that both of these suggested interpretations are
reasonable. Consequently, the Rule is ambiguous, and it is
appropriate to consider the Committee Comments to the Rule to aid
in interpreting it.
The Committee Comments to Rule 219(e) state that the relevant
portion of the Rule "does not change existing law regarding the
right of a party to seek or obtain a voluntary dismissal."
Official Reports Advance Sheet No. 20 (Sept. 27, 1995), R. 219(e),
effective Jan. 1, 1996, Committee Comments, at 52. Under existing
law, a plaintiff has an absolute right to voluntarily dismiss a
case prior to trial, subject only to limited conditions that are
not applicable here. Gibellina v. Handley, 127 Ill. 2d 122, 535
N.E.2d 858 (1989). It is thus clear that we cannot interpret the
Rule as imposing any limitation on a plaintiff's right to
voluntarily dismiss a case. Accordingly, we hold that the Rule
does not limit the plaintiff's right to voluntarily dismiss a suit.
Thus, we affirm the trial court's ruling on this issue.
Sears argues that if we reject their proposed interpretation
of rule 219(e), as we must, we should interpret the rule to require
that every voluntary dismissal of a case be conditioned upon the
plaintiff's agreement to be bound by previous discovery orders if
the case is subsequently refiled. We disagree.
The Rule requires courts, when making discovery rulings, to
consider previously conducted discovery and previously entered
discovery orders. The Rule does not require, as a condition
precedent to voluntary dismissal, that the plaintiff agree to be
bound by prior discovery orders upon refiling the case. Such a
condition would clearly impose a limitation on the plaintiff's
right to voluntarily dismiss. As stated above, the Committee
Comments indicate that the Rule was not intended to modify a
plaintiff's right to voluntarily dismiss a case. Rather, Rule
219(e) merely orders the consideration of prior discovery
misconduct and previously entered discovery orders in a
subsequently filed suit. For these reasons, we must reject Sears's
suggested interpretation of the Rule.
The second issue on appeal is whether the order barring the
Wrights' experts from testifying must be vacated because it failed
to specify the basis for the sanction.
Supreme Court Rule 219(c) provides, in relevant part:
"Where a sanction is imposed under this paragraph (c),
the judge shall set forth with specificity the reasons
and basis of any sanction so imposed either in the
judgment order itself or in a separate written order."
Official Reports Advance Sheet No. 20 (Sept. 27, 1995),
R. 219(c), effective Jan. 1, 1996.
Since its effective date, only one reported case has applied
this requirement in Rule 219(c). In Chabowski v. Vacation Village
Ass'n, No. 2--96--0508, slip op. at 2 (April 10, 1997), the court
acknowledged that the amendatory provision requires the trial court
to give specific reasons for the imposition of discovery sanctions.
But the court recognized that the reasons for the sanction order
dismissing the case were specifically mentioned in a written motion
and supported by the record. Thus, the court upheld the trial
court's order and concluded that a court's failure to set forth the
reason for a sanction in a written order is not per se reversible
error. Chabowski, No. 2--96--0508, slip op. at 2 (April 10, 1997).
We agree.
Similarly, in the instant case, the trial court failed to
identify the specific reason in the written sanction order for
barring the witnesses' testimony. But, the reasons for the
sanction were specifically stated in the written motion to bar the
testimony and the written reply to the motion to reconsider. The
Wrights failed to comply with discovery requests on numerous
occasions and introduced two crucial expert witnesses only weeks
before the scheduled trial date. The trial court viewed this
behavior as entirely unprofessional and clearly articulated, during
the hearing on the motion to reconsider, that this conduct was the
reason for the sanction. Thus, to require the court to redraft the
order merely to reflect this specifically mentioned reason is
unnecessary as we can make an informed decision regarding the
appropriateness of the order from the record. Accordingly, we hold
that the trial court's written sanction order, when considered in
light of the record, satisfies the requirement of Rule 219(c).
For the foregoing reasons, the judgment of the circuit court
of LaSalle County is affirmed.
Affirmed.
HOLDRIDGE and HOMER, JJ., concur.
Illinois Law
Illinois State Laws
Illinois Tax
Illinois Court
Illinois Labor Laws
> Minimum Wage in Illinois
Illinois Agencies