Legal Opinion

Drejka v. Hitchens Tire Service Inc.

Supreme Court of Delaware

Decided December 28, 2010No. 748, 2009PublishedCited by 34 opinions

1Opinion of the Court

BERGER, Justice:

In this appeal, we consider whether the Superior Court abused its discretion in dismissing appellants’ personal injury claims as the sanction for discovery violations. The trial court must exercise eon-trol over its calendar, and attorneys who ignore deadlines should be sanctioned. But dismissal is the ultimate sanction, and generally it should not be used except in extreme cases, where other sanctions have proved ineffective. This is not such a case. Appellants’ attorneys had no excuse for their dilatory behavior, and they (not their clients) should be required to pay all of…

2Cases cited5 opinions

  1. Burkhart v. DaviesSupreme Court of Delaware · 1991
  2. Hoag v. Amex Assurance Co.Supreme Court of Delaware · 2008
  3. Minna v. Energy Coal S.P.A.Supreme Court of Delaware · 2009
  4. Pinkett v. BrittinghamSupreme Court of Delaware · 1989
  5. Faircloth v. RashSupreme Court of Delaware · 1974

3Cited by34 opinions

  1. Americas Mining Corp. v. TheriaultSupreme Court of Delaware · 2012
  2. Dishmon v. FucciSupreme Court of Delaware · 2011
  3. Christian v. Counseling Resource Associates, Inc.Supreme Court of Delaware · 2013
  4. Adams v. AidooSupreme Court of Delaware · 2013
  5. Anderson v. StateSupreme Court of Delaware · 2011

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