Dunn v. White

DAUKSCH, Judge.

This is an appeal from a dismissal of plaintiffs case as a sanction for an alleged discovery violation. It is quite apparent from the record that this plaintiff (appellant) was less than cooperative with appel-lees and their discovery efforts. He had been made to pay costs for earlier failures to appear for medical examinations.

This case went to trial once and the jury was unable to reach a verdict so a mistrial was ordered and a new trial set. After this first trial appellant sought a protective order to prevent appellees from again taking his deposition. He said he had…