Hiney v. Bennaman

Birdsong, Presiding Judge.

Plaintiff below, Thomas Hiney, appeals the refusal of the trial court to impose sanctions upon the defendant, John Bennaman, for a failure to respond timely and properly to his request for discovery. Hiney filed a complaint against Bennaman alleging the defendant *754negligently permitted his automobile to drift back across the highway centerline as he was attempting to pass, thereby forcing Hiney to veer to the left side of the highway and into a bridge abutment. Bennaman answered and denied he was negligent and alleged the cause of the accident was the result of the…