Heinen v. Healthline Management, Inc., 80836

• Decision Date: 22 December 1998
• Docket Number: No. 80836,80836
• Parties: Tina Marie HEINEN, et al., Appellants/Cross-Respondents, v. HEALTHLINE MANAGEMENT, INC., et al., Respondents/Cross-Appellants.
• Court: Missouri Supreme Court

Page 244

982 S.W.2d 244

Tina Marie HEINEN, et al., Appellants/Cross-Respondents, v. HEALTHLINE MANAGEMENT, INC., et al., Respondents/Cross-Appellants.

No. 80836.

Supreme Court of Missouri,

En Banc.

Dec. 22, 1998.

Robert H. Pedroli, Daniel J. Gauthier, Robert H. Pedroli & Associates, Clayton, for appellants/cross-respondents.

Kenneth W. Bean, Michelle K. Thompson, Sandberg, Phoenix & Von Gontard, P.C., St. Louis, for respondents/cross-appellants.

DUANE BENTON, Chief Justice.

Plaintiffs prevailed at trial, but the circuit court ordered a new trial due to intentional juror misconduct. Plaintiffs appeal, asserting that the court's order was untimely and erroneous. Defendant Dr. Rudolfo Guillen cross-appeals, arguing that in any event, the motion for new trial was meritorious. This Court granted transfer. Mo. Const. art. V, sec. 10. Reversed and remanded.

I.

Plaintiffs, the survivors of Marlene Heinen, obtained a wrongful death judgment of $375,000 against Dr. Guillen and $125,000 against Lincoln County Memorial Hospital. On August 30, 1996, Dr. Guillen timely filed a motion for new trial (or alternatively for judgment notwithstanding the verdict), alleging that eight jurors, during voir dire, intentionally failed to disclose their personal lawsuits. On November 22, the court held a hearing on the motion. On November 28, the ninetieth day after the filing of the new trial motion, the court was closed for Thanksgiving. On the following Monday, December 2, 1996, the trial court sustained Dr. Guillen's motion for a new trial on the ground of intentional juror misconduct. The threshold issue is whether this ruling was timely.

II.

The circuit court has 90 days to decide a motion for a new trial. Rules 78.06; 81.05(a). After that, any trial court ruling on a motion for new trial is void. Highland Gardens Nursery, Inc. v. North American Developers, Inc., 494 S.W.2d 321, 323-24 (Mo.1973). Rule 44.01(a) provides the method to calculate the last day for ruling on a motion for new trial. Rule 41.01(a)(2). Rule 44.01(a) excludes the last day from calculation of this period when it is a "Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor a legal holiday."

"Legal holiday" is not defined in Rule 44. To define "legal holiday," plaintiffs propose the definition of "public holiday" in chapter 9 RSMo 1994. While this Court could adopt that definition, it has not. See Mo. Const. art. V, sec. 5. Instead, in applying its rules, this Court uses the ordinary meaning as derived from the dictionary. See City of St. Louis v. Hughes, 950 S.W.2d 850, 853 (Mo. banc 1997). "Legal holiday" is "a holiday established by legal authority and characterized by legal restrictions on work and transaction of official business." Webster's Third New International Dictionary Unabridged 1290 (1976). A "legal holiday" includes days when "the clerk's office is legally closed." Bowling v. Webb Gas Company, Inc. of Lebanon, 505 S.W.2d 39, 40 (Mo.1974). Otherwise, counsel and parties would have to search for clerks, which is not a "common-sense requirement or an appropriate solution to the problem." Id. at 42. Although the Bowling Court did once cite chapter 9 RSMo, it held that Rule 44 governs the computation of periods that end on "legal holidays." 505 S.W.2d at 40, 42.

Subject to the supervisory authority of this Court, the Chief Justice--as chief administrative officer of the judicial system--supervises the administration of all Missouri courts. Mo. Const. art. V, sec. 8. Unless contrary to the general supervisory authority of a higher court, the presiding judge in each circuit has "general administrative authority" over the court and its divisions. Mo. Const. art. V, sec. 15.3; Gregory v. Corrigan, 685 S.W.2d 840, 842 (Mo. banc 1985). Presiding judges are also subject to local court rules. Mo. Const. art. V, sec. 15.1. Presiding judges shall, within their discretion, address administrative problems as they arise. See Mo. Const. art. V, sec. 15.3. The presiding judge's authority, subject to these constraints, includes the power to close courts as necessary, including for inclement weather or legal holidays. See State v. Stoner, 395 S.W.2d 192, 193 (Mo.1965) (holding that the day of President Kennedy's funeral, when courts were closed, "constituted a holiday.").

Contrary to plaintiffs' policy argument, different circuits may designate different days as "legal holidays" (unless contrary to higher authority or local rule). Trial courts and the districts of the Court of Appeals already have discretion to make inconsistent rules so long as not inconsistent with higher authority. See Rule 50.01 ; State ex rel. Williams v. Mauer, 722 S.W.2d 296, 299 (Mo. banc 1986).

III.

On November 1, 1996, the State Courts Administrator wrote a memorandum to presiding judges, which included:

The Chief Justice has received notification that Governor Carnahan has authorized the closing of executive branch state offices on Friday, November 29, 1996. The Supreme Court and the Office of the State Courts Administrator will also close on that date. Presiding Judges and Chief Judges may use their own discretion whether or not the offices in their circuit or district will need to work to conduct necessary business of the court.

The Presiding Judge, in turn, issued a memorandum that the courts of the 22nd circuit would not be open on November 29 "except as may be necessary to conduct certain business of the Court." The trial judge here exercised her discretion that it was not necessary to grant the new trial motion on the day after Thanksgiving. Within the 22nd circuit, November 29 was a "legal holiday" under Rule 44.01(a). See Bowling, 505 S.W.2d at 42; Harmon v. Schultz, 723 S.W.2d 945, 946 (Mo.App.1987). The case of Mitchell v. Miner, 804 S.W.2d 771, 773 (Mo.App.1990), cited by plaintiffs, is inapposite, as are other cases that do not discuss this issue. See Pearson v. Carson, 69 Mo. 569, 570 (Mo. banc 1879); Holly Investment Company v. Kansas City, 450 S.W.2d 451, 454 (Mo.App.1970).

IV.

Because the courts of the 22nd circuit were closed on November 29 for legal holiday, the new trial order on December 2 was timely. This Court now considers the substance of the order.

In this case, the circuit court ordered a new trial for "intentional misconduct by several jurors who concealed the fact that they were parties in prior suits," citing Williams by Wilford v. Barnes Hosp., 736 S.W.2d 33 (Mo. banc 1987). Intentional nondisclosure occurs: 1) where there exists no reasonable inability to comprehend the information solicited by the question asked of the prospective juror, and 2) where it develops that the prospective juror actually remembers the experience or that it was of such significance that the juror's purported forgetfulness is unreasonable. Id. at 36.

Finding a juror had a "reckless disregard" for the responsibility to disclose information during voir dire is tantamount to intentional nondisclosure. Id. at 38. A finding of intentional nondisclosure is tantamount to a per se rule mandating a new trial. Id. at 37. However, such findings must be supported by the record. In Brines by Harlan v. Cibis, 882 S.W.2d 138 (Mo. banc 1994), the juror was asked, "And at that time [of jury selection] ... you knew that you had been a defendant in at least the eight lawsuits that we discussed, correct?" The juror responded, "I knew that I had been sued by doctors, yes." Id. at 139. This Court held: "Given that the juror understood that he was being asked to reveal any lawsuits against him, that all the lawsuits were of recent vintage, and that he actually recalled the lawsuits, the explanation for his silence was unreasonable." Id. at 139.

During voir dire in this case, plaintiffs' counsel asked each potential juror if they had ever been "sued." The defense counsel asked the venire whether, excluding worker's compensation cases, anyone had been a plaintiff, "the one that filed the lawsuit."

Defense counsel also asked jurors, during voir dire, to disclose "claims for personal injuries" that did not result in lawsuits. However, defendant's new trial motion alleged only: "There was intentional juror misconduct through the concealment of suits as follows:" and then listed the suits. In order to be preserved for appellate review, matters discovered after trial must be specifically set out in the motion for new trial. Rule 78.07; Crystal Tire Co. v. Home Service Oil Co., 525 S.W.2d 317, 322 (Mo. banc 1975). In Williams, the issue of undisclosed claims was sufficiently preserved in the new trial motion by the language: "jurors failed to truthfully respond to questions asked during voir dire concerning prior claims, litigation and involvement with Barnes Hospital." 736 S.W.2d at 36 (emphasis supplied). In contrast, in this case, the issue of undisclosed "claims" is not preserved for review.

Defendant originally charged that eight jurors intentionally concealed lawsuits. Regarding four--Betts, Dailey, Merriweather and Russell--there was no evidence they were involved in lawsuits. Defendant concedes that the fifth juror (Garrett) did not know, during voir dire, about her earlier lawsuit. The remaining three jurors require more discussion.

Asked whether he had been a plaintiff in a lawsuit, the sixth juror, Hellon, was silent. At the hearing on the motion for new trial, defense counsel presented evidence of a personal injury lawsuit that an attorney filed in 1990 with Hellon as the plaintiff. Hellon testified that he fell in a hotel parking lot, hit his eye on the bumper of a car, but did not receive medical care. He complained to the clerk at the hotel's front desk who told him to fill out a form. He sent the form to an attorney friend, from whom he later received an $800 settlement. Until presented with the petition at the new trial hearing, Hellon was unaware that his friend ever filed a lawsuit (in...