Swain v. Southwestern Bell Yellow Pages, Inc.

OPINION

SAM J. DAY, Justice.

In this appeal, we must determine whether Appellant Darren Swain, the defendant at trial, was entitled to testify on the issue of his damages despite his failure to respond to Southwestern Bell Yellow Pages’ discovery requests. We hold he was not.

In 1996, Southwestern Bell sued Swain for breach of contract based on Swain’s failure to pay for yellow pages advertising. Swain countersued for damages he allegedly incurred as a result of errors that appeared in his Southwestern Bell yellow pages advertisements. 1 In January 1998, Southwestern Bell sent Swain a second set…