State v. Chance, SD24267

• Decision Date: 28 March 2002
• Docket Number: SD24267
• Citation: 70 S.W.3d 664
• Parties: State ex rel. Rhianna v. Chance, Relator v. Honorable J. Miles Sweeney, Judge of the Circuit Court of Greene County, Missouri, Respondent. SD24267 Missouri Court of Appeals Southern District 0
• Court: Missouri Court of Appeals

State ex rel. Rhianna
v.
Chance, Relator v. Honorable J. Miles Sweeney, Judge of the Circuit Court of Greene County, Missouri, Respondent.

SD24267

Missouri Court of Appeals Southern District

03/28/2002

Appeal From: ORIGINAL PROCEEDING IN PROHIBITION

Counsel for Appellant: James A. Endicott

Counsel for Respondent: Michael J. Patton

Opinion Summary:

Garrison, P.J., concurs in part and dissents in part in separate opinion. Prewitt, J., concurs.

John E. Parrish, Judge

This is an original proceeding in prohibition directed to a proposed ruling announced by the respondent judge regarding discovery of medical records in an action pending in the Circuit Court of Greene County, Missouri. The circuit court case is Rhianna V. Chance v. Darren K. Vodopich, et al., Greene County Circuit Court No. 199CC0032. Lester E. Cox Medical Centers and Cox Hospitals of the Ozarks, Inc. (collectively referred to in this opinion as "Cox") are co-defendants with Darren K. Vodopich in the circuit court action.

Relator sought production of records of Cox regarding hospitalization of Darren K. Vodopich. Respondent notified relator and the other parties to the circuit court case that an order denying relator's request for production of the medical records would be entered unless respondent was "prohibited from doing so by the appellate court."(FN1)

Relator filed a petition for writ of prohibition in this court. A preliminary order in prohibition was issued. Respondent was prohibited from denying the request for production of medical records pending further order of this court. The preliminary order in prohibition is quashed in part and made absolute in part with directions as hereafter stated.The Circuit Court Case

The underlying circuit court case was brought in seven counts. Count I is against Mr. Vodopich. The remaining counts are against Cox. The circuit court petition characterizes Count I as an action for "Battery." Count I alleges that relator was admitted to a psychiatry center operated by Cox on September 11, 1997; that she was discharged from that facility September 26, 1997. It alleges that Mr. Vodopich was admitted to that facility on September 20, 1997; that on or about September 23, 1997, Mr. Vodopich injured relator while at those premises. It asserts that he, "without consent, sexually molested and raped [relator]." The petition alleges "Vodopich intentionally caused harm through an offensive and non-consensual touching of a sexual kind"; that as a result, relator "was caused bodily harm"; that relator "suffered severe emotional distress and will continue to incur future emotional distress."

The claims against Cox are denominated as claims for "Negligence" (Count II), "Assault & Battery" (Count III), "False Imprisonment" (Count IV), "Breach of Contract" (Count V), "Negligent Infliction of Emotional Distress" (Count VI), and "Intentional Infliction of Emotional Distress" (Count VII). Counts II and VI are based on the circumstances that are alleged in relator's claim against Mr. Vodopich -the facts alleged in Count I of the petition. Counts II and VI assert Cox was negligent in failing to take actions that would have prevented the events alleged in Count I. Counts III, IV and VII are based on claims that Cox forcefully restrained relator by strapping her to a bed and by grabbing her and moving her to an area where she was ultimately restrained. Count V is a claim that Cox materially breached a contract with relator to provide treatment.

The requests for production of documents filed in circuit court include requests that Cox produce, pursuant to Rule 58.01:. . .

2. Any and all copies of all medical reports, office records, and hospital records regarding the treatment of defendant Darren K. Vodopich while he was a patient at Cox.

. . .

4. Any and all records...