Miller v. American Greetings Corp.

Holly and Paul Miller appeal from the summary judgment entered for American Greetings Corporation and its merged subsidiary, RAI, Inc. They also appeal from the trial court’s order awarding American Greetings Corporation its attorney fees for the Millers’ refusal during discovery to admit certain matters. We affirm the judgment, but reverse the order awarding attorney fees.

FACTS AND PROCEEDINGS

In March 2004, Christopher Magdaleno negligently hit appellant Holly Miller with his pickup truck while she stood next to her car on Huntington Drive, a major thoroughfare in South Pasadena. She suffered severe injuries, requiring surgery and two weeks’ hospitalization.

Two months later, Miller and her husband, appellant Paul Miller, sued Magdaleno. Several months later, they deposed him. In his deposition, Magdaleno testified he was driving to meet a lawyer on a personal matter, and hit Miller when he glanced down at a piece of paper to check the lawyer’s address and looked back up too late to avoid the collision. Asked for details about his appointment with the lawyer, Magdaleno stated she was a probate attorney on Green Street in Pasadena. He did not, however, remember her…