Lubbers v. Norfolk & Western Railway Co.

Defendant appeals an order of the circuit court awarding plaintiff a new trial. Plaintiff cross-appeals arguing that the circuit court should have imposed severe sanctions on defendant for its discovery-violations. The facts are set forth below in detail.

On August 12, 1977, plaintiff, Delbert Lubbers, filed a complaint in the circuit court of Macon County against defendant, Norfolk & Western Railway Company, seeking damages for injuries he suffered when a truck he was driving was struck by one of defendant’s trains. Defendant filed a counterclaim against plaintiff seeking compensation for the…