Brandt v. John S. Tilley Ladders Co.

Intervenor Aetna Casualty and Surety Company (Aetna), the insurer of plaintiff’s employer, appeals the dismissal with prejudice of plaintiff’s action for his failure to comply with discovery. At issue are whether: (1) the dismissal was an abuse of discretion; and (2) Aetna, as an intervenor, may bring this appeal. We answer both questions in the affirmative.

Plaintiff’s complaint filed on July 22, 1983, alleged that he was injured while using one of defendant’s products in the course of his employment as a laborer. Plaintiff was notified twice that his deposition was to be taken, the first…