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Johnson v. Pratt & Whitney Canada8/24/1994
SONENSHINE, J.:
Pratt & Whitney Canada, Inc. (Pratt) appeals from a $4.9 million judgment in a wrongful death action by the heirs of two U.S. Marine pilots killed in a helicopter crash. Pratt contends the trial court abused its discretion in refusing to grant relief from discovery sanctions which precluded it from contesting liability or proving the comparative fault of others who may have been responsible for a proportionate share of plaintiffs' noneconomic damages. Pratt also asserts plaintiffs were not entitled to damages exceeding $25,000, the amount prayed for in the complaint, or to prejudgment interest and expert fees awarded by the court pursuant to Code of Civil Procedure section 998. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Major Kenneth Johnson and First Lieutenant Robert Riggs died as a result of injuries they sustained when their Marine Corps helicopter crashed in Cleveland National Forest on November 14, 1986. Johnson's wife and two children and Riggs's parents (collectively referred to as plaintiffs) filed a lawsuit seeking damages on their own behalf and, under Probate Code section 573, on behalf of the decedents' estates. In their first amended complaint, they alleged causes of action for negligence and strict liability against Pratt, the manufacturer of the helicopter's engines. The complaint prayed for "general damages in excess of Twenty-Five Thousand Dollars according to proof," for funeral and burial expenses, decedents' medical and related expenses, loss of earnings, and loss of society, care, comfort and economic support. Pratt's answer generally denied the allegations of the complaint and asserted various affirmative defenses, including the contributory and comparative fault of decedents and others.
Plaintiffs' product liability claims centered around allegedly defective fuel nozzles Pratt installed in the helicopter engines. In their fourth set of production requests, plaintiffs sought documents regarding fuel nozzle specifications, problems and test results. When Pratt failed to respond in a timely manner, plaintiffs moved for an order compelling production. Before the scheduled hearing, Pratt agreed in writing to produce the documents by April 20, 1991. Consequently, plaintiffs continued the hearing, but eventually had to go forward with it because Pratt failed to keep its promise. When the matter was heard, the court imposed $1,400 sanctions against Pratt and rebuked it: "When you cut a deal with someone, when they take a motion off calendar and then you don't comply, and then you wait until the day of the new motion or the continued motion to get to court, and then you give [plaintiffs] something which isn't verified, which isn't complete, you give the impression that you are playing a game." The court then ordered Pratt to produce the subject documents without objection within 45 days.
In the meantime, plaintiffs were required to seek court intervention regarding Pratt's failure to respond to several additional requests for documents pertaining to fuel nozzle test reports, warranties and design changes. Plaintiffs' counsel, explaining his unsuccessful efforts to resolve the discovery dispute informally, declared that at Pratt's request, he rescheduled a meet-and-confer session, only to have Pratt fail to show up for the appointment. Pratt's counsel then said the requested documents would be messengered, but they were not. Noting Pratt's refusal to comply with the court's earlier order, plaintiffs sought $10,000 in sanctions based on the defendant's "stonewall" tactics.
At the hearing, the court stated to Pratt's counsel, "You seem to ma
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