In re State Farm Mut. Auto. Ins. Co.
In re State Farm Mut. Auto. Ins. Co.
Opinion of the Court
Texas Rule of Civil Procedure 169 creates an expedited actions process for lawsuits in which all claimants affirmatively plead that they seek only monetary damages aggregating $100,000 or less. See TEX. R. CIV. P. 169.
Factual and Procedural Background
State Farm provides automobile insurance to Johnie Pearl Robbins, real party in interest. Robbins was involved in a car crash in June of 2013. She brought suit *861against the driver of the other car but reached a settlement of her claims for the full amount of that driver's insurance policy ($52,500). Contending that her damages were not satisfied by the settlement, Robbins asserted a claim against State Farm under the uninsured/underinsured motorist (UIM) portion of her automobile policy. After Robbins and State Farm were unable to reach a settlement of her claim, on October 3, 2017, Robbins filed suit.
In her original petition, Robbins sought damages exceeding $100,000 but less than $200,000, and indicated her intent that discovery be conducted under discovery level 2. After State Farm filed an answer and served discovery requests on Robbins, Robbins amended her petition to allege damages of $100,000 or less in order that the case would proceed as an expedited action under Rule 169. On Robbins's request, the trial court entered an order referring the parties to mediation by December 18, 2017.
On November 15, 2017, State Farm filed a motion to modify the court's mediation order and request entry of a scheduling order. In this motion, State Farm contends that it was not afforded sufficient time to conduct discovery before the December 18 mediation deadline, and that this case is too complex for the expedited actions process. While the mandamus record provided by State Farm does not indicate whether the mediation was held, the trial court denied State Farm's request to remove the case from the expedited actions process when it entered its December 27, 2017 scheduling order. This scheduling order actually limits the discovery period more than prescribed by Rules 169 and 190.2.
On January 3, 2018, State Farm again filed a motion to modify the scheduling order. In its motion, State Farm expressly identified that the trial court's scheduling order does not follow the timelines specified in Rules 169 and 190.2. State Farm again argued that this case is not appropriate for the expedited actions process since it involves medical issues that are too complex to be adequately addressed in such a shortened timeframe. On April 2, the trial court denied State Farm's motion. The trial court notified the parties that trial was set for May 14.
State Farm filed with this Court an emergency motion to stay proceedings in the trial court and a petition for writ of mandamus. State Farm contends that the trial court clearly abused its discretion by failing to remove this case from the expedited actions process of Rules 169 and 190.2. Additionally, State Farm contends that the trial court's imposition of "extra-truncated discovery and trial deadlines" are a clear abuse of discretion as they conflict with Rules 169 and 190.2. State Farm further contends that these abuses of discretion deny it an adequate remedy at law because, under the trial court's orders, State Farm would be forced to go to trial without first being allowed to conduct sufficient discovery. As such, State Farm argues that mandamus is appropriate because the trial court's discovery limitations will vitiate or severely compromise its ability to present a defense to Robbins's claims.
Mandamus Standard
To be entitled to mandamus relief, State Farm must prove that the trial court clearly abused its discretion and it has no adequate remedy by appeal. In re Ford Motor Co. ,
*862(orig. proceeding); Walker v. Packer ,
A trial court commits a clear abuse of discretion when it reaches a decision so arbitrary and unreasonable that the decision amounts to a clear and prejudicial error of law or clearly fails to correctly analyze or apply the law. In re Olshan Found. Repair Co. ,
An appellate remedy is not inadequate merely because it involves more cost or delay than mandamus. In re Adkins ,
Law and Analysis
Texas Rule of Civil Procedure 169 establishes an "expedited actions process" that allows most civil claimants to fast-track their claims. See Rule 169 ; Cross v. Wagner ,
To resolve the issues presented by State Farm, we must construe Rule 169. The interpretation of a procedural rule is a question of law that we determine de novo by applying the same canons of construction applicable to statutes. Cross ,
Removal of Case from Expedited Actions Process
We turn first to State Farm's contention that the trial court clearly abused its discretion by failing to remove the case from the expedited actions process after State Farm filed a motion and showed *863good cause. State Farm contends that it established good cause under Rule 169 's comment 3, which includes "the complexity of the legal and factual issues" as a factor that should be considered in determining whether good cause has been shown. A good cause requirement "is not a mere formality, but is a plainly expressed limitation" to the use of the general rule. Schlagenhauf v. Holder ,
Considering State Farm's petition and the mandamus record, we do not conclude that State Farm has met this burden. In analyzing State Farm's contention that this case is legally and factually too complex for the expedited process, we must remain mindful that Robbins bears the burden of proving that her claimed knee and eye injuries were sustained in the underlying crash, and the extent of the resulting damages. See In re Farmers Tex. Cnty. Mut. Ins. Co. ,
State Farm contends that Robbins has produced no records that relate her eye injury to the crash. However, this does not indicate that the case is too complex for the expedited process; rather, it indicates that Robbins may not have proof of this aspect of her claim. If she does not have this proof, it makes the case less complex.
State Farm also indicates that Robbins identified twenty healthcare providers for the first time at her deposition and, through these providers, State Farm has identified a total of fifty-two treating physicians for Robbins. But, State Farm does not identify how many, if any, of these healthcare providers are likely to possess relevant evidence relating to Robbins's knee or eye injuries. It is likely that many of these healthcare providers have no relevant information concerning Robbins's knee or eye injuries since State Farm identifies that Robbins has a "lengthy medical history" that includes heart disease, diabetes, and chronic gastrointestinal problems along with "multiple knee, wrist, and shoulder surgeries both before and after the car crash."
State Farm further argues that a key medical expert was deposed before Robbins's medical records were produced and it is likely that these medical records would alter the expert's opinion. State Farm simply concludes that "[t]he trial court's scheduling order has made it impossible to re-depose the expert after the medical records were produced." However, State Farm indicates that it has used only 3:12 of the six-hour time limit for depositions in an expedited case and nothing in the mandamus record shows that State Farm had made any efforts to schedule further depositions by the close of the discovery period.
State Farm states that it needs to re-depose the expert discussed above as well as Robbins's treating physician, eye doctor, and eye surgeon, and it must factor in time for cross-examining a corporate representative at a deposition called by Robbins.
State Farm has failed to specifically identify how the legal and factual issues in this case are so unusually complex that good cause exists to compel removal of the case from the mandatory expedited process of Rule 169. See Schlagenhauf ,
Compliance with Expedited Actions Process
State Farm also alleges that the trial court clearly abused its discretion by issuing a scheduling order that conflicts with the express procedures of Rule 169. State Farm contends that the time deadlines prescribed by Rule 169 are mandatory and the trial court did not have discretion to truncate those deadlines.
Rule 169 provides that Rule 190.2 governs discovery in expedited actions. Rule 169(d)(1) . Rule 190.2 directs that all discovery must be conducted during the discovery period, which begins when suit is filed and ends 180 days after the first request for discovery of any kind is served on the other party. Rule 190.2(b)(1). On a party's request, the trial court must set the case for a trial date that is within ninety days after the discovery period ends. Rule 169(d)(2).
It is undisputed that State Farm served its first discovery requests on Robbins on October 27, 2017. As such, Rule 190.2 provides that the discovery period in this case should have ended on April 25, 2018. See Rule 190.2(b)(1). Nonetheless, the trial court's scheduling order set the discovery deadline as February 10, which is only 106 days after State Farm first served discovery on Robbins. It is undisputed that Robbins has requested that this case be set for trial. If trial were set ninety days after the proper end of the discovery period, trial would have to be set by July 24, 2018. See Rule 169(d)(2). However, the trial court set the trial ready date at March 1, 2018, and set the case for trial beginning on May 14.
Robbins contends that Rule 190.5 affords the trial court broad discretion to limit the discovery and trial timelines. See Rule 190.5 ("The court may modify a discovery control plan at any time and must do so when the interest of justice requires.").
However, our conclusion that the trial court clearly abused its discretion in unreasonably shortening the applicable discovery and trial timelines for an expedited action does not establish that State Farm is entitled to mandamus relief. To be entitled to mandamus relief, we must also conclude that State Farm does not have an adequate remedy at law. See Walker ,
Conclusion
Having concluded that the trial court clearly abused its discretion by unreasonably restricting Rule 169 's discovery and trial deadlines which has denied State Farm an adequate remedy at law, we conditionally grant State Farm's petition for writ of mandamus. Our issuance of the writ is conditioned upon the Honorable W. F. "Corky" Roberts vacating his December 21, 2017 scheduling order and entering a new scheduling order that re-opens discovery for a period of seventy-four additional days.
Further reference to Texas Rules of Civil Procedure will be by reference to "Rule __."
By order issued May 8, 2018, this Court stayed further proceedings in the underlying lawsuit pending our resolution of the present mandamus request.
In addition to her claims for breach of contract, Robbins asserts claims for common law and statutory bad faith, negligence, and fraud. However, these extra-contractual claims have been severed and abated from Robbins's claims for breach of contract upon which this original proceeding is based.
Depositions of the plaintiff, plaintiff's medical expert, plaintiff's treating doctor, and specialists along with cross-examination of defendant/representative and defendant's expert are not unusual in a case like Robbins's. State Farm essentially argues that all such cases otherwise pled within the expedited actions process of Rule 169 must be removed if any party moves the trial court to do so since the factual complexity would render the case inappropriate for the expedited process. We do not believe that the rule was intended to exempt cases with such a typical amount of depositions.
There is no contention that the interest of justice necessitated the trial court's restriction of the applicable discovery and trial deadlines in this case.
This Court's May 8 stay of further proceedings will be lifted effective on the date the trial court enters this new scheduling order.
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