Andrew v. Depani-Sparkes

Decision Date31 March 2021
Docket NumberCase No. 117,798 (,C/w Case No. 117,801)
Citation502 P.3d 196
Parties Brandon and Danielle ANDREW, as Guardians of B.A., a minor child, and individually, as her parents, Plaintiffs/Appellees, v. Elisa DEPANI-SPARKES, D.O., Defendant, and Mercy Health Center, Inc., d/b/a/ Mercy Health Center, Defendant/Appellant.
CourtUnited States State Court of Criminal Appeals of Oklahoma. Court of Civil Appeals of Oklahoma

Andy J. Campbell, Nicole R. Snapp-Holloway, MAPLES, NIX & DIESSELHORST, Edmond, Oklahoma, for Plaintiffs/Appellees

Kyle N. Sweet, Curtis J. Dewberry, Brian D. Blackstock, SWEET LAW FIRM, Oklahoma City, Oklahoma, for Defendant/Appellant

OPINION BY STACIE L. HIXON, PRESIDING JUDGE:

¶1 Mercy Health Center, Inc. d/b/a Mercy Health Center ("Mercy") appeals the trial court's January 30, 2019 order, denying its motion to vacate/motion for new trial. In its motion, Mercy raised issues pertaining to the admission and exclusion of certain evidence at trial, and we find the trial court did not abuse its discretion by denying the motion on these grounds.

¶2 Mercy's motion also alleged the trial court erred by calculating the prejudgment and post-judgment interest amounts it owed based on the 2004 version of title 12, section 727.1, instead of the 2013 version of the statute in effect at the time of the verdict. We find the 2013 version of section 727.1 applies and remand for the trial court to compute the interest amounts in accordance therewith.

BACKGROUND

¶3 On October 30, 2009, Brandon Andrew and Danielle Andrew ("the Andrews") filed suit on behalf of their minor child, B.A., and individually as her parents, against Mercy and Dr. Elisa Depani-Sparkes (collectively, "Defendants").1 They alleged that Dr. Depani-Sparkes was negligent relating to the prenatal care and birth of their child in 2007, resulting in a permanent injury to her brachial plexus nerves, which run from the side of the neck into the shoulder. The Andrews alleged that Mercy's nurses attempted to force B.A., who was a large baby, down the birth canal by administering too much of the drug Pitocin

, resulting in increased contractions, which caused or contributed to the injury. During the time the case was pending, the parties filed various Daubert2 motions and motions in limine, which may be discussed below if relevant to the evidentiary issues.3

¶4 A jury trial commenced on August 27, 2018. At the conclusion of trial on September 4, 2018, the jury entered a general verdict against Defendants in favor of the Andrews and fixed damages in the amount of $700,000.00.

¶5 The Andrews subsequently filed an "Application for Costs, Pre-judgment Interest and Final Judgment on Verdict," seeking over $420,301.37 in prejudgment interest, in addition to post-judgment interest and costs. Defendants filed a joint response raising various arguments, including that the Andrews improperly calculated the amount of prejudgment interest based on a 2004 version of the applicable pre-judgment interest statute, title 12, section 727.1. Defendants asserted that instead, the court should apply the 2013 version of the statute in effect at the time of the verdict, which would result in a prejudgment interest amount of approximately $20,374.88. A hearing was held on October 18, 2018, where the trial court held the 2004 version of the statute applied. The parties also discussed the proper method of calculating post-judgment interest at the hearing.

¶6 Subsequently, on November 7, 2018, the trial court entered a judgment against Defendants in accordance with the jury's verdict. On November 16, 2018, the trial court's order on the issue of interest and costs was filed. The court held that pursuant to the 2004 version of section 727.1, the Andrews were entitled to pre-judgment interest in the amount of $341,643.56 through October 18, 2018 and then in the amount of $124.66 per diem until the date the judgment was filed on November 7, 2018. Regarding post-judgment interest, the court found the Andrews were "entitled to post-judgment interest from the date the final Judgment is filed until the Judgment is paid at a rate of $151.78 per diem."

¶7 On November 26, 2018, nineteen days after the underlying judgment was filed and ten days after the order on interest was filed, Defendants each filed a "Motion to Vacate Court Order on Prejudgment Interest, Motion to Vacate Entry of Judgment, and Motion for New Trial." Each Defendants' motion incorporated the other's by reference. The motions raised multiple issues relating to the admission and exclusion of certain evidence at trial and to the amount of prejudgment and post-judgment interest. The Andrews filed a response, to which Defendants replied, again incorporating each other's arguments by reference.

¶8 On January 30, 2019, the trial court denied Defendants' motions.4 On March 1, 2019, Mercy appealed the denial of its motion to vacate/new trial.5 Mercy later filed an amended petition in error, wherein it purported to also appeal from the underlying judgment on the jury verdict.

STANDARD OF REVIEW

¶9 As a preliminary matter, we must characterize the proper scope of our review. Regardless of its title, we are required to treat Mercy's "Motion to Vacate Court Order on Prejudgment Interest, Motion to Vacate Entry of Judgment, and Motion for New Trial," as its substance dictates. See Neumann v. Arrowsmith , 2007 OK 10, ¶ 8, 164 P.3d 116.

¶10 Mercy filed its motion on November 26, 2018, more than ten but less than thirty days after the underlying judgment was filed. Thus, as to the evidentiary issues at trial, it is a motion to vacate, which did not extend the appeal time, resulting in the appeal of the underlying judgment being untimely. See 12 O.S.2011, § 990.2(B) ; 12 O.S.Supp.2013, § 1031.1(B) ; Okla. Sup. Ct. R. 1.22(e)-(f). Mercy only timely appealed from the January 30, 2019 order denying the motion.

¶11 The standard of review of a trial court's refusal to vacate a judgment is an abuse of discretion. Ferguson Enterprises, Inc. v. H. Webb Enterprises, Inc. , 2000 OK 78, ¶ 5, 13 P.3d 480. An abuse of discretion occurs when the decision is based on an erroneous interpretation of the law, on factual findings that are unsupported by proof, or represents an unreasonable judgment in weighing relevant factors. Williams v. Meeker N. Dawson Nursing, LLC , 2019 OK 80, ¶ 10, 455 P.3d 908. The reviewing court does not look to the original judgment, but rather the correctness of the trial court's response to the motion to vacate. Kordis v. Kordis , 2001 OK 99, ¶ 6, 37 P.3d 866.

¶12 As for the post-trial interest issues, Mercy's motion is properly characterized as a motion for new trial because it was filed within ten days after the filing of the underlying order on interest. See 12 O.S.2011, § 990.2(A) ; 12 O.S.2011, § 653(A) ; Okla. Sup. Ct. R. 1.22(c). However, Mercy only appeals from the January 30, 2019 order denying its motion for new trial.6

¶13 The standard of review for the denial of a motion for new trial is also an abuse of discretion. Fox v. Mize , 2018 OK 75, ¶ 6, 428 P.3d 314. However, the interpretation of the prejudgment and post-judgment interest statute is a question of law. See Hub Partners XXVI, Ltd. v. Barnett , 2019 OK 69, ¶ 6, 453 P.3d 489. When examining the correctness of an alleged error of law, "[a]pplication of the appellate abuse-of-discretion standard for reviewing a motion for new trial" uses a de novo review. Independent School District # 52 v. Hofmeister , 2020 OK 56, ¶ 17, 473 P.3d 475. Accordingly, we give no deference to the trial court's statutory construction in determining whether an abuse of discretion occurred in denying the motion for new trial on the prejudgment and post-judgment interest issues as we have "plenary, independent, and non-deferential authority to determine whether the trial tribunal erred in its legal rulings." Hub Partners XXVI, Ltd. , 2019 OK 69, at ¶ 6, 453 P.3d 489.

ANALYSIS

A. Evidentiary Issues at Trial.

¶14 Mercy argues the trial court erred by denying the motion to vacate based on alleged errors in admitting and excluding certain evidence at trial. For the reasons below, we find the trial court did not abuse its discretion by declining to vacate the judgment on these grounds.

1. Dr. Hall Impeachment Evidence.

¶15 Mercy alleges the trial court erred by not allowing the admission of certain evidence to impeach the Andrews' expert witness, Dr. Michael Hall. Specifically, the Andrews filed a motion in limine seeking to preclude Defendants from admitting evidence that Dr. Hall was previously charged with—and later acquitted of—perjury stemming from testimony given in an Ohio case. Mercy responded, arguing the circumstances surrounding the perjury charge were proper for impeachment because Dr. Hall admitted under oath in a different case, that he exaggerated his testimony in the Ohio case. At the hearing on the motion in limine, the trial court ruled that Defendants would not be allowed to mention at trial any circumstances surrounding the perjury charge, including Dr. Hall's admission that he exaggerated the testimony, finding the evidence was unduly prejudicial and would result in a mini-trial about the perjury case.7

¶16 Rulings on a motion in limine are advisory and preliminary. Badillo v. Mid Century Insurance Company , 2005 OK 48, ¶ 57 n.16, 121 P.3d 1080. A party aggrieved by a ruling on a motion in limine must raise the issue at the appropriate time during trial, "either by objecting when the challenged evidence is admitted or by making an offer of proof if the question involves excluded matter." Id . (citing Middlebrook v. Imler, Tenny & Kugler M.D.'s, Inc. , 1985 OK 66, ¶ 12, 713 P.2d 572 ). Though at trial, the court mentioned during an unrelated discussion with the Andrews' counsel that it "already ruled" on the "alleged perjury stuff," Mercy never objected to the trial court's ruling or made the requisite offer of proof, and failed to preserve the issue. Accordingly, we find the trial court did not abuse its...

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