Friday, January 4, 2013

Dismissal Too Severe A Sanction

The Delaware Supreme Court has reversed a trial court order dismissing a slip-and-fall case because plaintiff's counsel had failed to provide the report of an expert witness.

The attorney had contended that the medical records were sufficient, notwithstanding a court order to provide a report.

The court here "readily under[stood] the trial court's frustration over counsel's cavalier attitude" and opined that plaintiff's attorney "wasted everyone's time, and should be personally sanctioned." However, the trial court was obligated to deal with the situation with methods short of outright dismissal of the case. (Mike Frisch)

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