Metropolitan Atlanta Rapid Transit Authority v. Doe

Blackburn, Presiding Judge.

In this civil action to recover for injuries suffered when a transit patron was attacked in a transit authority parking deck, defendant Metropolitan Atlanta Rapid Transit Authority (MARTA) appeals a jury verdict of $1.7 million awarded to plaintiff Jane Doe, 1 arguing that the trial court erred in striking MARTA’s answer as a sanction for its intentional false response to a critical discovery request. We hold that for purposes of OCGA § 9-11-37 (d) sanctions, a defendant’s intentional false response to a discovery request equates to a total failure to respond and…