M. Clifton Edson & Son v. McConnell

In a suit for unpaid insurance premiums, judgment was entered for the plaintiff for $12,400, the amount of damages claimed by the complaint. Judgment was based by the trial judge on “the ultimate sanction of default envisioned by [Mass.R.Civ.P.] 37(b) (2) (C), [365 Mass. 799 (1974)]” for failure to make discovery. The recoKljupportsJhe_j.udge’s determination that the defendants’ responses to discovery had been so consistently dilatory and incomplete as to warrant imposition of sanctions under rule 37 (b). Levings v. Forbes & Wallace, Inc., 8 Mass. App. Ct. 498, 505 (1979). At least whatever…