Baker v. Peterson

Plaintiff Dian Baker and her attorney Troy Henry appeal the district court’s imposition of sanctions for discovery violations. For the reasons stated below, we VACATE the order of sanctions and REMAND for further consideration before a different judge.

I

In 1998, Baker and Bernice Williams were involved in a car wreck with Defendant Michael Peterson. Baker hired Henry to represent her in this personal injury action. Henry had successfully represented Baker in a personal injury action once before, helping her recover for injuries she sustained after falling in a Wal-Mart store in 1994. The…