Stilley v. Automobile Enterprises of High Point, Inc.

WHICHARD, Judge.

DEFENDANT’S APPEAL

Defendant presents two questions: (1) whether the court erred in declining to dismiss plaintiffs’ complaint for failure to comply with an order to answer interrogatories by a certain date; and (2) whether the court erred in denying its motion for summary judgment. We answer both questions in the negative.

I. Motion To Dismiss For Noncompliance With Discovery Order

Defendant submitted interrogatories to plaintiffs which asked them to list their expert witnesses and those witnesses who would testify concerning any alleged defect or unsafe condition of the…