Discovery. Joseph Stout, while on the job as a construction worker, fell from a beam that he was attempting to secure to a steel column. As a result of the fall, Stout sustained injuries that rendered him a paraplegic. Stout brought suit against his

Question

employer, A. M. Sunrise Construction Co, and Central Rent-A-Crane, Inc, for damages. Prior to the trial, a number of discovery motions were filed by the defendants, who sought detailed information on the nature of the accident and the injuries incurred. Stout repeatedly failed to respond to these requests, even when the trial court ordered him to do so. Finally, the trial court dismissed the action because of Stout's failure to respond. Stout appealed the dismissal. On appeal, Stout claimed that the trial court had abused its discretion by dismissing his action against the defendants, thus depriving him of his right to be heard in court. What will the appellate court decide?

Answer 1

Discovery
The appellate court affirmed the trial court's dismissal of Stout's action. The appellate court stated that trial courts are permitted to impose sanctions—ranging from an award of expenses to an entry of dismissal or default judgment—upon parties who fail to comply with requests during discovery. The sanction chosen "is left to the sound discretion of the trial court." The court recognized that the right to be heard is "a litigant's most precious right and should be sparingly denied," but it would not condone Stout's blatant disregard for the trial court's orders. The court concluded that in the circumstances of this case, the sanction of dismissal was appropriate.