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Rodriguez v. Suzuki Motor Corp.6/1/1999
I to proceed under the cloud of supposedly substantial constitutional questions, questions that will inevitably have to be answered by this Court at some point in this litigation. If the Court is truly of the opinion that these are serious claims of a constitutional dimension, that point should be today.
Even more troubling than the Court's reservation of these issues for Rodriguez III, is the fact that this opinion, which signals that this Court will not adhere its usual abuse of discretion standard in evaluating trial court error in this matter, has now rendered this case virtually untriable. As the trial Judge stated:
It is the responsibility of the Court to keep the trial focused and not diverging down thousands of little paths of slight connection to the real issues. This trial was long and arduous for the jurors. In a trial such as this the Judge must make thousands of decisions to keep the testimony and information centered on the main issues in the lawsuit. The 177 errors recited by defendant Suzuki in their motion for new trial gives an indication of how many different directions the twelve plus defense lawyers were aiming in this lawsuit.
As the trial Judge notes, the multiplicity of attorneys in this case required her to rule on the relevance of everything from the sexual proclivities of expert witnesses to the wreck of Princess Diana's car in Paris. It is clear from today's opinion that this Court has determined to remove from the trial Judge any ability to limit the case to matters she determines are relevant. If anything, the long ordeal of Kathryn Rodriguez and Suzuki Motor Company is further than ever from resolution.
There is much more at stake here than "litigation expenses." Kathryn Rodriguez is a real person. She is thirty-four years old and has spent the last nine years of her life paralyzed from the shoulders down. While this does not mean that she automatically deserves anything from Suzuki, what she deserves from this Court is the same thing it owes all Missouri litigants: a speedy, just, and final resolution of her claim. It is unfortunate this Court voided the first trial in Rodriguez I by overruling two longstanding precedents under which that trial was conducted. Rodriguez II nullifies the massive investment in time, talent, energy and money it took to retry this arduous, complicated case. This seriously undermines the appearance of Justice for Ms. Rodriguez, who now faces the ordeal of a third marathon trial. Even now, however, the Court refuses to address the supposedly real and substantial constitutional questions that have been raised in the previous two appeals. As much as I dislike the waste inherent in the Court's decision that there will be a Rodriguez III, I think it is simply unconscionable for the Court to fail to do what it can to prevent a possible Rodriguez IV.
For these reasons, I cannot join the principal opinion.
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Missouri DUI Attorneys
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