Merit Manufacturing & Die, Inc. v. ITT Higbie Manufacturing Co.

Defendant, ITT Higbie Manufacturing Company, appeals as of right from a court order granting sanctions for failure to provide and permit discovery. We affirm the trial court’s decision but remand for recalculation of the amount of sanctions.

The underlying suit was filed against defendant by plaintiff, Merit Manufacturing and Die, Inc., and alleged breach of contract with damages in excess of $10,000.

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In the course of discovery, plaintiff traveled to Arkansas to depose two of defendant’s employees. During one of the depositions, the deponent referred to a phone log. Plaintiff’s counsel asked…