Stahl v. Redcay
| Decision Date | 17 March 2006 |
| Citation | 897 A.2d 478 |
| Parties | Michelle STAHL and James Stahl, as Parents and Natural Guardians of Heaven Lee Angel Stahl, a Minor and Michelle Stahl and James Stahl, Husband and Wife in Their Own Right, Appellees, v. Julia REDCAY, D.O., and OB/GYN Associates of Lewisburg, Appellees. Michelle Stahl and James Stahl, as Parents and Natural Guardians of Heaven Lee Angel Stahl, a Minor and Michelle Stahl and James Stahl, Husband and Wife in Their Own Right, Appellees, v. Evangelical Hospital and James V. McDonald, M.D. and Lewisburg Pediatrics, Appellees. Appeal of: Michael M. Badowski, Appellant. |
| Court | Pennsylvania Superior Court |
Jonathan D. Herbst, Philadelphia, for appellant.
Joseph P. Lenahan, Scranton, for Stahl, appellees.
Clifford A. Rieders, Williamsport, for Pennsylvania Trial Lawyers, Amicus Curiae.
¶ 1 Appellant, Michael M. Badowski, Esquire, asks us to determine whether the Union County Court of Common Pleas erred when it found him in civil contempt for causing a mistrial in this medical malpractice action and imposed sanctions in the amount of $52,088.02, payable to Joseph Lenahan, Esquire, counsel for Appellees, Michelle Stahl and James Stahl, as parents and natural guardians of Heaven Lee Angel Stahl, a minor, and Michelle Stahl and James Stahl, husband and wife in their own right. We hold the court's ruling subject to review has no foundation of record, absent a definite, clear, and specific prior order in the record prohibiting the use at trial of evidence of mother's smoking during pregnancy as a cause of the minor child's alleged birth defects. Accordingly, we reverse.
¶ 2 The trial court set forth most of the relevant facts and procedural history underlying this appeal as follows:
[Appellees] had instituted a medical malpractice case against defendants arising out of the birth and serious injuries to the minor plaintiff. Prior to the trial, there were many discussions and pretrial motions concerning the [Appellee] mother's smoking and its effect on liability. The court ruled that testimony about smoking would be allowed, with cautionary instructions. (See attached order dated April 7, 2004). However, there was only one witness who indicated that smoking in fact caused the minor child's injuries. That witness was a nurse/mid-wife, and the court ruled that her opinion was inadmissible. (See attached order dated January 30, 2004). A review of the expert reports shows that no other medical witness was offering to testify that a mother's smoking during pregnancy caused the type of injuries that this minor plaintiff suffered.
Nevertheless, during his opening statements, counsel for defendant Redcay launched into a long recitation of the poisonous [effects] of a pregnant mother's smoking on the fetus. He concluded by saying that the defense had "a host of well-qualified experts" to support the proposition that smoking causes microcephaly. (See trial transcript pp. 111-119 attached hereto). In fact the only witness that he could cite for this proposition was nurse/mid-wife Kehoe whose testimony had been ruled inadmissible by this court. [Appellees'] counsel painfully asked for a mistrial indicating that the jury had now been poisoned by defense counsel. This court reluctantly agreed and granted a mistrial.
It had been anticipated that this trial would last three to four weeks, a long time for small county courts, and lots of time for litigating attorneys. [Appellees'] counsel had carefully been seeking to define issues to avoid a mistrial. [Appellees] had expended a significant amount of non-refundable costs and attorneys' time. After the mistrial, [Appellees'] counsel filed for sanctions in the form of a contempt petition seeking costs and attorney's fees from defendant Redcay's attorney for causing the mistrial.
After proper notice, a hearing was held on the petition for sanctions on June 7, 2004. By order of June 7, 2004, this court made specific findings of fact that defendant Redcay's counsel has acted willfully and recklessly in his statements to the jury. This court conservatively ordered counsel for defendant Redcay to pay attorney's fees and costs to plaintiff's counsel in the amount of $52,088.02. Counsel for defendant Redcay appealed.
This court found that defendant Redcay's counsel recklessly and willfully poisoned this jury and caused a mistrial. Counsel disobeyed the order of this court by introducing the excluded testimony of the nurse/mid-wife and referring to other non-existent experts, thus obstructing the administration of justice. See 42 Pa.C.S.A. § 4132. Counsel's behavior was also willful and reckless and, thus, dilatory, obdurate, and vexatious during the pendency of this matter. See 42 Pa.C.S.A. § 2503(7). Counsel was given notice of the claim. A hearing was held in which defendant Redcay's counsel participated and was represented by counsel. This court found that defendant Redcay's counsel caused the mistrial by willfully and recklessly stating facts that were not and would not be in the record of this case. He said that "a host of extremely well-qualified experts" (p. 112 of trial transcript) would testify that "what has transpired in the events of this pregnancy before three weeks of her delivery" was caused by chemicals associated with cigarette smoking. The only witness that said smoking "caused" the minor child's injuries was the nurse/mid-wife whose testimony was excluded. There was no excuse for these comments which obviously tainted, and were meant to taint this jury at the outset. [Appellees], the Union County court staff, the jurors, and this court have been put to considerable additional time and expense by counsel's conduct. Counsel's conduct was contemptuous, obdurate, dilatory, and vexatious. The mistrial caused plaintiffs considerable costs. They should be reimbursed.
(Trial Court Opinion, dated July 28, 2004, at 2-5). Appellant filed his notice of appeal on July 16, 2004. On July 22, 2004, Appellant filed with this Court an application for stay of the new trial pending his appeal. On July 27, 2004, Appellees filed an answer to Appellant's application for stay and an application to quash the appeal. By per curiam order dated July 29, 2004, this Court granted Appellant's application for stay. On August 31, 2004, this Court issued a second per curiam order, which denied Appellees' motion to quash the appeal, without prejudice to their right to renew it before the panel assigned to the appeal.1
¶ 3 Appellant raises the following issues for our review:
IS IT A CLEAR ABUSE OF DISCRETION TO HOLD COUNSEL IN CONTEMPT FOR DISOBEYING A COURT ORDER THAT WAS ENTERED EX POST FACTO?
¶ 4 Preliminarily, we address Appellees' motion to quash this appeal, which this Court denied without prejudice by order dated August 31, 2004. Appellees renew this motion in their appellate brief, arguing the order on appeal does not qualify for immediate review, because it is neither a final order nor an appealable interlocutory order. Moreover, Appellees claim established precedent confirms that an interlocutory award of disciplinary sanctions is not appealable until the resolution of the underlying case. Appellees further suggest that allowing an immediate appeal works to weaken the trial court's power to order sanctions during the pendency of the proceedings. Appellees respectfully ask this Court to quash Appellant's appeal for want of jurisdiction under the applicable law and rules of court.
¶ 5 In response, Appellant argues that, as a general rule, once the court imposes sanctions, a contempt order is a final order for appeal purposes. Appellant further claims Appellees' counsel could have easily avoided this appeal by not having demanded immediate payment of the monetary sanctions. Appellant refers us to the court's order, which did not specify a payment date. Appellant insists Appellees' counsel should have been content to wait for payment of the sanctions until conclusion of this case, instead of threatening to file a motion for further sanctions in which he intended to request a fine of $1,000.00/day until Appellant paid the sanctions. Under these circumstances, Appellant declares he had no choice but to file an immediate appeal.
¶ 6 In the alternative, Appellant suggests the court actually found him in "criminal" contempt, and the court's sanctions order is therefore immediately appealable, because the court referenced 42 Pa.C.S.A. § 4132. In support of his contention, Appellant cites Commonwealth v. Ashton, 824 A.2d 1198 (Pa.Super.2003); Diamond v. Diamond, 715 A.2d 1190 (Pa.Super.1998); McCusker v. McCusker, 428 Pa.Super. 506, 631 A.2d 645 (1993) appeal denied, 539 Pa. 637, 650 A.2d 52 (1994). Appellant also calls the sanctions order an "attachment," but without elaboration,...
To continue reading
Request your trial
-
Sutch v. Roxborough Mem'l Hosp.
...constitute crimes or conduct by the [respondent] so contumelious that the court is impelled to act on its own motion.Stahl v. Redcay, 897 A.2d 478, 486 (Pa.Super.2006), appeal denied, 591 Pa. 704, 918 A.2d 747 (2007) (citations omitted).A judgment in a civil contempt proceeding for the bene......
-
In re Estate of Moskowitz
...order by permission (Pa.R.A.P. 312, 1311, 42 Pa.C.S.A. § 702(b) ); or (4) a collateral order (Pa.R.A.P. 313 ).Stahl v. Redcay, 897 A.2d 478, 485 (Pa.Super.2006), appeal denied, 591 Pa. 704, 918 A.2d 747 (2007).In re Estate of Cella, 12 A.3d 374, 377–78 (Pa.Super.2010) (some internal citatio......
-
K.M.G. v. H.M.W.
...defined as a final order by statute, or is entered as a final order pursuant to the trial court's determination." Stahl v. Redcay, 897 A.2d 478, 485 (Pa. Super. 2006) (quoting In re N.B., 817 A.2d 530, 533 (Pa. Super. 2003) (citing Pa.R.A.P. 341(b)(1)–(3) ).Here, a review of the record reve......
-
In re Estate of Moskowitz, J-A28015-14
...interlocutory order by permission (Pa.R.A.P. 312, 1311, 42 Pa.C.S.A. § 702(b)); or (4) a collateral order (Pa.R.A.P. 313).Stahl v. Redcay, 897 A.2d 478, 485 (Pa.Super. 2006), appeal denied, 591 Pa. 704, 918 A.2d 747 (2007). In re Estate of Cella, 12 A.3d 374, 377-78 (Pa.Super. 2010) (some i......