Hamill v. Level

At issue in this case is whether the trial court properly dismissed the plaintiffs claims with prejudice for failing to comply with the defendant’s discovery requests. The court of appeals affirmed the dismissal. 900 S.W.2d 457. Because the imposition of a “death penalty” sanction in this case is excessive, we reverse the judgment of the court of appeals and remand this case to the trial court for further proceedings consistent with this opinion.

Richard Hamill and Julie Ann Level were involved in an automobile accident on May 14, 1991. On November 24, 1992, Hamill sued Level for negligence,…