118 Ohio App. 3d 341 | Ohio Ct. App. | 1997
This case is an accelerated appeal from the May 22, 1996 judgment of the Lucas County Court of Common Pleas denying in part and granting in part the motion of appellee, Christine Benner, to compel discovery. On appeal, appellant, Walker Ambulance Company, asserts the following assignment of error:
"The trial court erred in ordering defendant-appellant to answer interrogatories seeking information beyond the scope of R.C.
On December 2, 1994, appellee filed a complaint in action for discovery pursuant to R.C.
On April 4, 1995, appellant moved the court to either dismiss appellee's action or grant appellant a protective order that certain discovery not be permitted. Appellant argued that the action exceeded the scope of R.C.
The trial court denied appellant's motion to dismiss, but granted the motion for a protective order. Appellee's discovery was thereby limited to interrogatories specifically concerning the facts necessary to the complaint and that were directed only to the potential defendants. Appellee propounded interrogatories *343
upon appellant, some of which appellant refused to answer. Thereafter, pursuant to Civ.R. 37, appellee filed a motion to compel appellant to answer the interrogatories. Appellant responded to the motion by arguing that the interrogatories went beyond the scope of R.C.
Generally, the Civil Rules control over a conflicting statutory provision governing procedural matters. Section
Civ.R. 34(D) provides that:
"(1) Subject to the scope of discovery provisions of Civ.R. 26(B) and 45(F), a person who claims to have a potential cause of action may file a petition to obtain discovery as provided in this rule. Prior to filing a petition for discovery, the person seeking discovery shall make reasonable efforts to obtain voluntarily the information from the person from whom the discovery is sought. The petition shall be captioned in the name of the person seeking discovery and be filed in the court of common pleas in the county in which the person from whom the discovery is sought resides, the person's principal place of business is located, or the potential action may be filed. * * *
"* * *
"(3) The court shall issue an order authorizing the petitioner to obtain the requested discovery if the court finds all of the following:
"(a) The discovery is necessary to ascertain the identity of a potential adverse party;
"(b) The petitioner is otherwise unable to bring the contemplated action;
"(c) The petitioner made reasonable efforts to obtain voluntarily the information from the person from whom the discovery is sought."
Under the rule, therefore, the court must issue an order authorizing the petitioner to obtain the requested discovery if the court finds that such discovery is necessary to determine the identity of a potential adverse party and/or whether *344 the petitioner is justified in bringing the contemplated action and that a court order is necessary for petitioner to obtain the information. Civ.R. 34(D).
The Committee Notes to the rule discuss the primary purpose of the rule as being the ability to conduct limited discovery to ascertain the identity of a potential adverse party. However, the rule itself permits discovery of the facts necessary to determine if a party has a valid cause of action against a known adverse party. Ultimately, the rule acts as a safeguard against charges that the plaintiff filed a frivolous lawsuit in a case where the wrongdoer or a third party has the ability to hide the facts needed by the plaintiff to determine who is the wrongdoer and exactly what wrong occurred. See Committee Notes to Civ.R. 34(D).
In the case before us, appellant argues that the trial court erred by ordering it to answer the interrogatories relating to the nature of the emergency call and who initiated the call. It argues that appellee may not seek information to determine whether she has a valid claim, nor can she seek information about a third party who is not a potential adverse party. We disagree. Civ.R. 34(D) clearly permits such discovery. In the case before us, it is clear that the answers to these questions will reveal to Benner whether she may assert claims of reckless or wanton misconduct. Therefore, we find that the trial court's decision was correct.
Walker Ambulance argues, alternatively, that such information is privileged and therefore its disclosure is prohibited during discovery by R.C.
Appellant's sole assignment of error is found not well taken.
Accordingly, we find that the trial court did not commit error prejudicial to appellant. The judgment of the Lucas County Court of Common Pleas is hereby affirmed. Pursuant to App.R. 24, appellant is hereby ordered to pay the court costs incurred on appeal.
Judgment affirmed.
MELVIN L. RESNICK, P.J., HANDWORK and SHERCK, JJ., concur. *345