Cox. v. Magers

The Supreme Court affirmed the order of the district court dismissing with prejudice this action filed by Plaintiffs against Defendant seeking damages for personal injuries allegedly sustained in an automobile collision. The district court dismissed the action under Mont. R. Civ. P. 37(d) due to each plaintiff’s failure to answer fully interrogatories or to produce relevant documents during discovery. In affirming, the Supreme Court held that the district court did not abuse its discretion by granting Defendant’s motion for sanctions, denying one plaintiff’s motion to strike, and denying the other plaintiff’s motion to reconsider because the trial court’s discovery sanction related to the extent of the prejudice that resulted from the discovery abuse. View "Cox. v. Magers" on Justia Law