Ramey v. Haverty Furniture Companies, Inc., 2D07-567.
| Decision Date | 18 January 2008 |
| Docket Number | No. 2D07-567.,2D07-567. |
| Citation | 993 So.2d 1014 |
| Parties | Sonny RAMEY and Vicky Ramey, Appellants, v. HAVERTY FURNITURE COMPANIES, INC. and Peoploungers, Inc., Appellees. |
| Court | Florida District Court of Appeals |
W. Bart Meacham, Tampa, for Appellants.
Paul U. Chistolini and William G.K. Smoak of McClain, Smoak & Chistolini, LLC, Tampa, for Appellee Haverty Furniture Companies, Inc.
Scott A. Cole and Luisa M. Linares of Cole, Scott & Kissane, P.A., Miami, for Appellee Peoploungers, Inc.
Sonny and Vicky Ramey, the plaintiffs in a personal injury action against Haverty Furniture Companies, Inc., and third-party defendant, Peoploungers, Inc., appeal the trial court's order dismissing their action for fraud on the court. The Rameys contend that there was an insufficient basis to justify imposition of the extreme sanction of dismissal. For the reasons we explain, we affirm the trial court's order dismissing the Rameys' complaint.
The Rameys filed a complaint against Haverty for negligence, alleging that in 2001 Haverty's delivery personnel negligently connected a bridge on an entertainment unit that caused personal injury to Sonny Ramey. Haverty filed a third-party complaint against Peoploungers, the company which manufactured the entertainment unit.
In response to interrogatories, Mr. Ramey stated that the bridge of the entertainment unit fell on his head, causing severe headaches, a neck injury, and temporomandibular joint (TMJ) problems. Mr. Ramey stated that he suffered a prior back injury while on the job in 1988 and that he received a settlement from his employer in 1988. He listed Dr. Paul Winters as a physician who treated him for his prior back injury. He stated that he had no prior injuries that were aggravated by the incident involving the entertainment unit.
Mr. Ramey gave a deposition in the underlying case. He testified that as a result of the accident involving the entertainment unit, he suffered stretched neck ligaments, two bulging disks, and a TMJ problem. He testified that as a result of his neck injury, he suffers severe headaches. Haverty's counsel questioned Mr. Ramey regarding any prior neck injuries:
Q. As far as your neck injury, have you ever had a neck problem before?
A. No.
Q. Have you ever injured your neck in any way?
A. No.
Q. Have you ever complained to a doctor about neck pain?
A. No. Not prior to the entertainment center falling.
Q. Yeah. I'm talking about before the entertainment center.
A. Right, no.
Q. No complaints to any doctors about neck pain?
A. No.
Q. Prior to the headaches that you are having that you relate to the Haverty's incident, have you ever complained about neck pain—headaches before?
A. No.
Q. Have you ever had a head injury?
A. You say "complained about headaches." I think everybody has a common headache from time to time that you'll take an aspirin for.
Q. Certainly, certainly.
A. But as far as going to the doctor and saying, "You know, I've got headaches," no.
....
Q. Do you have any neck popping like when you move it around?
A. Yes.
Q. Have you ever had a problem with neck popping before?
A. No.
....
Q. Before we go, I want to make sure I've got—I've got neck problems— these are things we're relating to this accident—neck problems, headaches, and TMJ problems?
A. Yes.
....
Q. Okay. In fact, I believe you stated you had never had any neck problems or headaches prior to the—
A. No.
Q.—Haverty's incident; is that correct?
A. Correct.
Haverty filed a motion to dismiss the Rameys' complaint; the motion was subsequently adopted by Peoploungers. Haverty's motion contended that the complaint should be dismissed for fraud perpetrated on the court, alleging that "Plaintiff Sonny Ramey has repeatedly misrepresented his medical history, which includes extensive treatment for headaches and neck complaints, including neck pain, popping, stiffness and spasms." The motion alleged that Haverty discovered that Mr. Ramey had a significant history of headaches and neck pain along with his lower back pain and that from 1989 until 1996, Mr. Ramey complained to Dr. Winters and received treatment for neck pain, neck popping, severe headaches, as well as back pain. Haverty attached copies of medical records showing that Mr. Ramey received a CT scan of his head in 1989, that he complained of headaches and neck pain in addition to his lower back pain for eight years, and that he received various medications to treat his headaches and neck pain in addition to his back pain. Haverty also attached a workers' compensation settlement relating to Ramey's on-the-job injury in 1988, indicating that he suffered "neck pain and headaches."
The Rameys filed a response to the defendants' motion to dismiss, claiming that Mr. Ramey sought treatment with Dr. Winters for his lower back and did not "remember all of the complaints he made to Dr. Winters." The response also asserted that Mr. Ramey's deposition answers were given after a substantial amount of time had passed from when he received treatments from Dr. Winters for head and neck pain. The Rameys argued that Mr. Ramey's interrogatory answers and deposition testimony did not rise to the level of fraudulent conduct required to justify a dismissal for fraud. Mr. Ramey filed amended answers to interrogatories and an affidavit stating that he associated his prior treatment with Dr. Winters with his lower back injury and not head and neck pain. He stated that "Dr. Winters treated me primarily for my lower back pain resulting from my [earlier] accident and for the headaches and neck pain that were a byproduct of the back strain."
The trial court held an evidentiary hearing on the defendants' motion to dismiss for fraud. At the hearing, Mr. Ramey testified that he did not understand that his treatment with Dr. Winters was for his head or neck pain. He related his treatment with Dr. Winters with his lower back pain. He testified that he did not intend to defraud the defendants or the court in any way. On cross-examination, Mr. Ramey testified that he did not recall having a CT scan in 1989 or being prescribed several medications for headaches by Dr. Winters. He testified that at the time of his deposition, he did not remember having any prior complaints regarding his neck or head but the medical records presented by Haverty jogged his memory. Ramey testified that at the time of his deposition, he did not recall receiving treatment for his neck and head for the eight-year period from 1988 to 1996.
At the conclusion of the hearing, the trial court stated the following:
The record that's been presented to me is that this plaintiff had a continuing problem with headaches which included neck problems, which included back pain that, apparently, spanned an eight-year period of time.
This is not a one-shot incident where he had a headache one time, and I think that's where the latitude that plaintiffs are allowed is if it's a one-shot thing that happened over a short period of time, that's what the case law is talking about.
No, certainly, we're not required to remember every specific ailment that we've had in our lives, and certainly, a lack of memory is something that the Court should consider.
I should note in this hearing that I've heard no evidence whatsoever that this ... plaintiff has in any way suffered from any amnesia, of any other injuries in any way that would affect his memory, yet it's been presented to me that he had eight years of treatment for neck pain, headaches which go to the very heart of what he is claiming this defendant did to him in this particular instance. It's unexplained other than "I forgot."
This is not a situation that has been presented on this record of a one isolated or two isolated incident[s] but, as it's been represented here, an eight-year period of time of at least 13 medical entries of complaints about neck, back pain, headaches, neck pain and a variety of treatments associated therewith.
I find it disturbing that under oath, being asked specific questions, the answer is unequivocally "No" rather than "I don't recall."
I am well aware of the case law and specifically the case of Morgan versus Campbell, a second DCA case, and I do not take this lightly in dismissing this action as I'm doing in this particular situation.
I only reserve this for the most extreme of circumstances, and the Court perceives this circumstance and this instance with legal representation and time for consultation before answering interrogatories and attending a deposition to emphatically answer "No" and then try to correct the situation over a year after the deposition is not forgivable, and therefore, I dismiss this action. I grant your motion to dismiss.
The trial court entered a written order granting the defendants' motion to dismiss for fraud and dismissing the complaint with prejudice. The Rameys filed a motion for rehearing, which the trial court denied by written order. In this order, the court stated that the evidence concerning Mr. Ramey's conduct "demonstrated clearly and convincingly that the plaintiff sentiently set in motion some unconscionable scheme calculated to interfere with the judicial system's ability impartially to adjudicate this matter by improperly influencing the trier of fact or unfairly hampering the presentation of the opposing party's claim or defense."1 The court further stated that "the injuries that were lied about are the nexus of the case."
"[A] trial court has the inherent authority to dismiss an action as a sanction when the plaintiff has perpetrated a fraud on the court." Morgan v. Campbell, 816 So.2d 251, 253 (Fla. 2d DCA 2002).2 ...
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