Allen v. Smith

COLE, Judge.

The issue in this case is whether the trial court abused it discretion in ordering the dismissal with prejudice of plaintiff’s claim against one of the defendants for failure to comply with orders compelling discovery.

Plaintiff filed suit on August 1, 1977, against Sylvester Smith, Jr. for injuries sustained on March 19, 1977, when the motorcycle plaintiff was operating collided with a vehicle driven by Smith. On September 11, 1978, plaintiff amended his petition to name an additional defendant, U. S. Suzuki Motor Corporation, manufacturer of the motorcycle. Suzuki answered…