Defendant's Attorney: Not Available

Description: Atlanta, Georgia, personal injury lawyer represented the Plaintiff on an auto negligence claim.

Dismissed for failure to respond to discovery requests.

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CIVIL PROCEDURE. DISCOVERY SANCTIONS. The case addresses whether dismissing a negligence action for failure to respond to discovery requests, without a hearing on the issue of willfulness, constitutes an abuse of discretion by the trial court under OCGA § 9-11-37 (d).

CIVIL PROCEDURE. RIGHT TO A HEARING. The court considered if the failure to provide a hearing before imposing the dismissal sanction for discovery violations equates to a denial of the procedural rights of the party accused of the violation.

Key Phrases Automobile accident. Discovery requests. Motion to dismiss. Harsh sanction. Opportunity to be heard.

Outcome: Reversed.

Plaintiff's Experts:

Defendant's Experts:

Comments: