Hart v. Miller

JAMES S. GETTY, Judge,

Specially Assigned.

The right to be wrong without incurring reversal is not absolute. Rosenberg, Judicial Discretion of the Trial Court, 22 Syracuse Law Review 635 (1971).

The sole issue presented by this appeal is whether the trial judge abused his discretion in dismissing a plaintiffs case for counsel’s failure to answer interrogatories in a timely manner. We shall reverse and remand this case for imposition of a less onerous penalty.

A review of the record establishes that on May 15, 1980, Paul M. Hart, one of the appellants herein, sustained a serious physical injury…