Grove v. Pfister

• Decision Date: 20 April 2005
• Docket Number: No. 04-121,04-121
• Citation: 110 P.3d 275,2005 WY 51
• Parties: PATRICIA GROVE and KRISTA GROVE, Petitioners v. RANDLE PFISTER, Respondent.
• Court: Wyoming Supreme Court

2005 WY 51

110 P.3d 275

PATRICIA GROVE and KRISTA GROVE, Petitioners v. RANDLE PFISTER, Respondent.

No. 04-121

Supreme Court of Wyoming. APRIL TERM, A.D. 2005.

April 20, 2005

Representing Petitioners: Jessica Rutzick of Jackson, Wyoming.

Representing Respondent: Timothy J. Bommer of Jackson, Wyoming.

Before HILL, C.J., and GOLDEN, KITE, and VOIGT, JJ., and STEBNER, D.J., Retired.

HILL, Chief Justice.

[¶1] Patricia Grove (Grove) and her minor daughter, Krista, filed suit against Randle Pfister (Pfister) alleging that his negligent operation of a motor vehicle resulted in a collision with their vehicle causing them injury. Upon motion by Pfister, the district court ordered joinder of a passenger in Grove's vehicle as an indispensable party under W.R.C.P. 19. The order provided that failure to join would result in the dismissal of the action. We granted Grove's Petition for a Writ of Review and reverse the district court's order, and remand for further proceedings.

ISSUES

[¶2] Grove sets out five issues in her brief:

1. In a personal injury suit arising from a motor vehicle collision, is a front-seat passenger, whose actions did not cause or contribute to the accident in any way, an indispensable party under W.R.C.P. 19(a)?

2. Does the district court have jurisdiction over a front-seat passenger, whose actions did not cause or contribute in any way to the motor vehicle collision giving rise to the lawsuit?

3. In a personal injury suit arising from a motor vehicle collision, is a front-seat passenger, whose actions did not cause or contribute to the accident in any way, an indispensable party whose failure to be joined in the lawsuit justifies dismissal of the suit under W.R.C.P. 19(b)?

4. Did Respondent waive his right to move to join the front-seat passenger of Plaintiff's vehicle by failing to timely raise the issue?

5. If the Wyoming Supreme Court finds that a front-seat passenger, whose actions did not cause or contribute to the accident in any way, is nevertheless an indispensable party under W.R.C.P. 19, what is the proper process for service, pleading and practice to join an involuntary plaintiff under these circumstances?

Pfister replies with six issues:

1. Whether review by the Wyoming Supreme Court, pursuant to Rule 13.02 W.R.A.P., of the District Court's order concerning a Rule 19 W.R.C.P. motion for joinder is appropriate.

2. Whether the District Court abused its discretion when it held that Deborah Broberg was a party that must be joined in this action pursuant to Rule 19(a) W.R.C.P.

3. Whether the District Court abused it [sic] discretion when it ordered that the [Groves'] action would be dismissed if the [they] failed to join Ms. Broberg in this action by June 8, 2004.

4. Whether [Pfister] waived his right to move to have Ms. Broberg joined in this action pursuant to Rule 19 W.R.C.P. when his motion for joinder came after the confirmation under oath of relevant facts in discovery.

5. Whether the District Court erred in the manner in which it ordered [the Groves] to join Ms. Broberg in this action.

6. Whether there is an alternative form of relief that supports the District Court's holding.

FACTS

[¶3] In a complaint filed on July 28, 2003, Grove stated that she was driving northbound on State Highway 191 on December 7, 2001. Her daughter was in the back seat, and a friend, Deborah Broberg (Broberg), was in the front passenger seat. At the time, the highway was slick with ice and snow. Grove alleged that when she slowed down for a snowplow, Pfister negligently drove his vehicle into the rear of hers causing injury to Grove and her daughter. Pfister filed an answer denying the allegation of negligence. On March 22, 2004, Pfister filed a motion seeking joinder of Broberg as a party pursuant to W.R.C.P. 19. Broberg had submitted a claim to Pfister's insurance company but had not filed any legal action against him. After a hearing, the district court granted Pfister's motion, finding that, "Broberg is a person whose presence is needed for a just adjudication as provided by Rule 19(a) of the Wyoming Rules of Civil Procedure and that her joinder will not deprive this Court of jurisdiction[.]" Grove petitioned this Court for a writ of review, which we have granted.

STANDARD OF REVIEW

[¶4] District court rulings on joinder are reviewed for an abuse of discretion. Rivermeadows, Inc. v. Zwaanshoek Holding and Financiering, B.V., 761 P.2d 662, 668-70 (Wyo. 1988); England v. Simmons, 728 P.2d 1137, 1139-40 (Wyo. 1986).

[T]he core of our inquiry must reach "the question of reasonableness of the choice made by the trial court." Vaughn v. State, 962 P.2d 149, 151 (Wyo. 1998). "Judicial discretion is a composite of many things, among which are conclusions drawn from objective criteria; it means a sound judgment exercised with regard to what is right under the circumstances and without doing so arbitrarily or capriciously." Id. (quoting Byerly v. Madsen, 41 Wash. App. 495, 704 P.2d 1236, 1238 (Wash. App. 1985)); Basolo v. Basolo, 907 P.2d 348, 353 (Wyo. 1995). We must ask ourselves whether the district court could reasonably conclude as it did and whether any facet of its ruling was arbitrary or capricious.

Woods v. Wells Fargo Bank Wyoming, 2004 WY 61, ¶20, 90 P.3d 724, ¶20 (Wyo. 2004) (quoting Gore v. Sherard, 2002 WY 114, ¶20, 50 P.3d 705, ¶20 (Wyo. 2002)).

DISCUSSION

[¶5] Preliminarily, we address a claim by Pfister that the district court's ruling on joinder is not the proper subject for appellate examination pursuant to a writ of a review. Pfister asserts that W.R.A.P. 13.02¹ allows for interlocutory review of a lower court ruling only when the dispute concerns a question of law. Pfister characterizes the district court's joinder ruling as "a factually based decision made in the discretion of the District Court." Since there is no disagreement over the applicable rule of law, Pfister argues that the dispute must be over the factual findings of the court and, hence, not the proper subject of appellate review under Rule 13.02.

[¶6] Historically, we have invoked our discretionary powers to issue a writ of review when a case involves an important state question or is of sufficient public significance to justify interlocutory review by this Court. In re Big Horn River System, 803 P.2d 61, 67 (Wyo. 1990). While we do not grant a writ lightly, especially if an adequate alternative remedy is available, we will do so without hesitation when the timely resolution of a matter is of extreme and lasting importance to the citizens of Wyoming and may contribute to judicial efficiency. Id. This case raises an issue that has not been addressed by this Court. The petitioners were faced with the choice of having their lawsuit dismissed or proceeding to trial joined with a co-plaintiff against their will. That the decision was within the discretion of the district court is not a bar to our review under a writ. We have said that a writ of review is a proper means for correcting an abuse of district court discretion. V-1 Oil Company v. Ranck, 767 P.2d 612, 616 (Wyo. 1989). An abuse of discretion can exist if the wrong law has been applied, the correct law has been applied but incorrectly interpreted, or if the correct law has been improperly applied. This matter is properly before us for review.

[¶7] Rule 19 of the Wyoming Rules of Civil Procedure governs joinder of persons needed for a just adjudication. The analysis under Rule 19 first requires a determination if the person to be joined meets the criteria set forth in subsection (a):

(a) Persons to be joined if feasible — A person who is subject to service of process and whose joinder will not deprive the court of jurisdiction over the subject matter of the action shall be joined as a party in the action if: (1) in the person's absence complete relief cannot be accorded among those already parties; or (2) the person claims an interest relating to the subject of the action and is so situated that the disposition of the action in the person's absence may: (i) as a practical matter impair or impede the person's ability to protect that interest; or (ii) leave any of the persons already parties subject to a substantial risk of incurring double, multiple or otherwise inconsistent obligations by reason of the claimed interest. If the person has not been so joined, the court shall order that the person be made a party. If the person should join as a plaintiff but refuses to do so, the person may be made a defendant, or, in a proper case, an involuntary plaintiff. If the joined party objects to venue and joinder of that party would render the venue of the action improper, that party shall be dismissed from the action.

If the person meets those criteria, he or she is then considered a "person to be joined if feasible." Lamb v. Wyoming Game and Fish Commission, 985 P.2d 433, 439 (Wyo. 1999). If joinder is not feasible, the court then must examine the considerations set forth in subsection (b) to determine whether "in equity and good conscience" the action should proceed:

(b) Determination by court whenever joinder not feasible — If a person as described in subdivisions (a)(1) and (a)(2) hereof cannot be made a party, the court shall determine whether in equity and good conscience the action should proceed among the parties before it, or should be dismissed, the absent person being thus regarded as indispensable. The factors to be considered by the court include:

(1) To what extent a judgment rendered in the person's absence might be prejudicial to the person or those already parties;

(2) The extent to which, by protective provisions in the judgment, by the shaping of relief, or other measures, the prejudice can be lessened or avoided;

(3) Whether a judgment rendered in the person's absence will be adequate;

(4) Whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder.

W.R.C.P. 19(b). If the court concludes that "in equity and good...