Meyer v. Creative Nail Design, Inc., 98-033
| Decision Date | 15 April 1999 |
| Docket Number | No. 98-033,98-033 |
| Citation | 294 Mont. 46,975 P.2d 1264 |
| Parties | Prod.Liab.Rep. (CCH) P 15,539, 1999 MT 74 Valery Y. MEYER and Jeff C. Meyer, Plaintiffs and Appellants, v. CREATIVE NAIL DESIGN, INC., a foreign corporation; Opi Products, Inc., a foreign corporation; Clairol, Inc., a foreign corporation; Helene Curtis, Inc., a foreign corporation; Nexxus Products Company, a foreign corporation; The Adu Company, a foreign corporation; Revlon Professional Products, Inc., a foreign corporation; Cosmetic Arts, a foreign corporation; American International, a foreign corporation; Sebastian International, a foreign corporation; Unit Chemical Corporation, a foreign corporation; Paul Mitchell (Bocchi Laboratories), Matrix Essentials, Inc., a foreign corporation; Malibu 2000, a foreign corporation; King Research, Inc., a foreign corporation; Highland Corporation, a foreign corporation; Golden Eagle Construction Co., Inc., a Montana corporation; Palmer Duncan Construction Company, a Montana corporation; and Does and Roes One Through Ten, Defendants and Respondents. |
| Court | Montana Supreme Court |
Jack M. Scanlon, Attorney at Law; Helena, Montana, Leonard J. Haxby, Attorney at Law; Butte, Montana, for Appellants.
Ronald F. Waterman; Gough, Shanahan, Johnson & Waterman; Helena, Montana (Clairol, Inc.) Susan P. Roy; Garlington, Lohn & Robinson, PLLP; Missoula, Montana (OPI Products) John D. Stephenson; Jardine, Stephenson, Blewett & Weaver, P.C.; Great Falls, Montana (Creative Nail Design) Randy J. Cox; Boone, Karlberg & Haddon; Missoula, Montana (Helene Curtis, Inc.) John Poston; Harrison, Loendorf & Poston, P.C.; Helena, Montana (Nexxus Products Company) Gene A. Picotte, Attorney at Law; Helena, Montana (Adu Company) Brendon J. Rohan; Poore, Roth & Robinson; Butte, Montana (King Research, Inc.) Peter F. Habein; Crowley, Haughey, Hanson, Toole & Dietrich; Billings, Montana (Sebastian International and Bocchi Laboratories) John H. Maynard; Browning, Kaleczyc, Berry & Hoven; Helena, Montana (Unit Chemical Corporation) Gary M. Zadick; Ugrin, Alexander, Zadick & Higgins, P.C.; Great Falls, Montana (John Paul Mitchell Systems) Dennis P. Clarke; Smith, Walsh, Clarke & Gregoire; Great Falls, Montana ( ) Michael J. Mulroney; Luxan & Murfitt; Helena, Montana (Malibu 2000) Curtis G. Thompson; Thompson & Jacobson, P.C.; Great Falls, Montana; and John J. Soltys; Cozen & O'Connor; Seattle, Washington (Revlon Professional Products) Steven W. Reida; Landoe, Brown, Planalp & Braaksma; Bozeman, Montana (American International) Bert A. Fairclough; James, Gray & McCafferty; Great Falls, Montana (Highland Corporation and Capital Hill Mall) P. Keith Keller; Keller, Reynolds, Drake, Johnson & Gillespie, P.C.; Helena, Montana (Golden Eagle Construction) Gregory G. Smith; Smith Law Offices; Great Falls, Montana (Palmer-Duncan Construction Co.) for Respondents.
¶1 Valery and Jeff Meyer appeal from the order granting summary judgment in favor of the defendant cosmetic manufacturers as entered by the First Judicial District Court, Lewis and Clark County. We reverse.
¶2 The issues on appeal are as follows:
¶3 1. Did the District Court err when it adopted the cosmetic manufacturers' case management order?
¶4 2. Does the case management order violate the Due Process Clause of the Fourteenth Amendment of the United States Constitution, and Article II, Section 17, of the Montana Constitution?
¶5 3. Did the District Court err when it granted summary judgment in favor of the cosmetic manufacturers?
¶6 Valery Meyer worked as a beautician at the J.C. Penney store in the Capital Hill Mall in Helena, Montana, from August 1989, until July 1993. On March 29, 1995, Valery and Jeff Meyer, Valery's husband, filed suit against fourteen cosmetic manufacturers and marketers, two construction companies, the owner of the beauty salon, and J.C. Penney, her employer. Their complaint alleged that while at work, Valery was exposed to a variety of toxic substances which made her ill. As a result of her illness, Valery was unable to continue to work and quit her job in July 1993.
¶7 In their complaint, the Meyers assert that each cosmetic manufacturer designed, manufactured, and sold products that were defective and "directly and proximately damaged" them. Valery alleged that each product was inherently dangerous to her as a result of using "each and every of the products usually on a daily basis."
¶8 After being served with the complaint, some of the cosmetic manufacturers filed discovery requests and motions for more definite statements from the Meyers. In their discovery requests, several cosmetic manufacturers asked the Meyers to set forth those facts which support the Meyers' allegations that the cosmetic manufacturers negligently manufactured their products, that they failed to give adequate warning, that they breached implied and express warranties, and that their products were in a defective or unreasonably dangerous condition. By March 1996, the Meyers began to respond to the initial discovery requests submitted by the cosmetic manufacturers. However, the cosmetic manufacturers believed that the Meyers' responses failed to provide the requested information.
¶9 On March 22, 1996, cosmetic manufacturer Helene Curtis, Inc., filed a motion for a preliminary pretrial conference and for entry of a case management order. All of the cosmetic manufacturers joined in the motion. The Meyers did not object to the entry of a case management order, but offered their own version. On April 14, 1997, the District Court adopted the case management order proposed by Helene Curtis, Inc. The case management order required the Meyers to provide the following:
(a) A statement specifically identifying each product, by manufacturer, that Plaintiff, Valery Meyer, claims to have caused her harm;
(b) A statement specifically describing of the circumstances of the alleged exposure to each of the products identified in response to the requirements of paragraph (a), including the time period during which [Valery] alleges exposure and the activities which resulted in the exposure. If [Valery]claims exposure as a result of a specific incident or incidents, as opposed to ordinary use in the course of her work as a beautician, the statement shall include for each such incident the date and location of the incident, the specific product or products involved, a detailed description of the incident, a detailed description of the manner in which that incident exposed [Valery] to the product or products and a description of the route or routes of exposure;
(c) A statement identifying each chemical in each of the products that [Valery] claims to have harmed her in any way. The chemical shall be identified specifically by chemical name rather than a generic name (e.g., "sodium laurylether sulfate" rather than "shampoo");
(d) An affidavit from a physician stating his or her opinion, based on a reasonable degree of medical certainty, that [Valery] has suffered injuries as a result of exposure to chemicals. The affidavit shall list:
(i) all injuries, illnesses or conditions suffered by [Valery] that, in the opinion of the physician, were caused by the alleged exposure;
(ii) shall specify the chemical or chemicals that, in the opinion of the physician, caused each injury, illness and condition listed; and
(iii) shall state the scientific and medical bases for the physicians' opinion, complete with references to medical and/or scientific literature supporting or forming the basis for the opinion.
It will not be sufficient for the affidavit to state a "laundry list" of injuries and chemicals. Each injury, illness or condition must be itemized and specifically linked to the chemical or chemicals believed to have caused that particular injury, condition or illness.
The District Court prohibited the Meyers from serving further discovery until they complied with the case management order.
¶10 By May 13, 1997, the Meyers filed the affidavits of Valery and Gunnar Heuser, M.D. On June 16, 1997, defendant Helene Curtis, Inc. filed a motion to strike Dr. Heuser's affidavit on the grounds that it failed to comply with the case management order. Also on that day, cosmetic manufacturers Clairol, Inc. and OPI Products, Inc. filed a motion to stay discovery. The District Court held a hearing on the matter and took under advisement the motion to strike Dr. Heuser's affidavit.
¶11 On November 27, 1997, the District Court granted the cosmetic manufacturer's motion to strike Dr. Heuser's affidavit. Thereafter, on December 17, 1997, the cosmetic manufacturers moved for summary judgment. On December 18, 1997, the parties stipulated to an entry of an order which granted summary judgment to the cosmetic manufacturers. By stipulating, the Meyers retained all rights to appeal from the District Court's grant of summary judgment, including the court's ruling on the motion to strike Dr. Heuser's affidavit.
¶12 The District Court granted the motion for summary judgment in favor of the cosmetic manufacturers and certified the judgment as final pursuant to Rule 54(b), M.R.Civ.P. On January 12, 1998, the Meyers timely filed their notice of appeal.
¶13 This Court's standard of review in appeals from summary judgment rulings is de novo. See Treichel v. State Farm Mut. Auto. Ins. Co. (1997), 280 Mont. 443, 446, 930 P.2d 661, 663 (citing Motarie v. Northern Montana Joint Refuse Disposal Dist. (1995), 274 Mont. 239, 242, 907 P.2d 154, 156; Mead v. M.S.B., Inc. (1994), 264 Mont. 465, 470, 872 P.2d 782, 785). This Court reviews a summary judgment order entered pursuant to Rule 56, M.R.Civ.P., based on the same criteria applied by the district court. See Treichel, 280 Mont. at 446, 930 P.2d at 663 (citing Bruner v. Yellowstone County (1995), 272 Mont. 261, 264, 900 P.2d...
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