Pay To Play

The Wyoming Supreme Court affirmed the dismissal of a personal injury case

After sustaining injuries from a car accident, Kattie Boline sued JKC Trucking (JKC) and driver Jerzy Syrzyna for negligence. At her jury trial, Ms. Boline violated a stipulated order in limine prohibiting testimony about insurance. The district court found Ms. Boline’s violation of the order was intentional, declared a mistrial, and sanctioned Ms. Boline by ordering her to pay $62,074.95 in defense attorneys’ fees and costs. The district court also ruled it would not hold another jury trial until Ms. Boline paid the sanction. When Ms. Boline failed to pay the sanction as ordered, the district court dismissed her case with prejudice and entered judgment against her for $62,074.95. Ms. Boline appeals, arguing the district court abused its discretion and violated the Wyoming Constitution. We affirm.

The accident

On the evening of March 3, 2014, Ms. Boline returned to Southwest Wyoming Regional Airport after a work trip as a celebrity talent director. From the airport, she drove her Mitsubishi Eclipse westbound onto I-80 toward Rock Springs. Shortly after Ms. Boline entered the interstate, a tractor-trailer driven by Mr. Syrzyna, and owned and operated by JKC, struck the back of her vehicle at highway speed. The Mitsubishi Eclipse spun out of control and came to rest in the sagebrush on the right side of the interstate. Ms. Boline was transported by ambulance to Memorial Hospital of Sweetwater County where she was treated for her injuries and released.

Conclusion

Although Ms. Boline has expressed sincere remorse for violating the district court’s pretrial order, the orderly administration of justice requires parties to comply with court orders. When that does not occur, courts must have the means to enforce their sanctions to dissuade individuals from interfering with judicial proceedings. The district court’s award of sanctions and subsequent dismissal of the case were not an abuse of discretion. Ms. Boline had meaningful access to the court when she filed her complaint and prosecuted her case up until the point she intentionally disregarded a pretrial order. The district court also did not violate her rights under the Wyoming Constitution when it dismissed her case for failure to pay her sanction.

(Mike Frisch)