Roman v. Pearlstein

SPAETH, President Judge:

This is an appeal from an order imposing sanctions for refusal to make discovery. The sanctions were that appellant must pay appellees’ counsel a fee of $500, and that appellant is “preclud[edj ... from introducing any evidence and examining any witnesses at the trial.” We find the order reasonable as to the counsel fee but, in the circumstances, otherwise too severe. We therefore reverse so that the court may impose a more appropriate sanction.

Appellees’ complaint alleges that appellant “entered into an unlawful and fraudulent conspiracy” to induce appellees into…