Austin v. Miami Valley Hospital

Appellant, Reba Austin, Administrator of the Estate of Wesley H. Powell, deceased, filed a medical malpractice action against defendants, Miami Valley Hospital and Dale Hines, M.D., on August 6, 1979. The trial court granted defendants’ motions to dismiss on March 5, 1982, pursuant to Civ. R. 37(B)(2)(c), because appellant’s counsel failed to comply with the trial court’s discovery order of February 17, 1981.

Appellant appealed, and this court sustained the trial court’s sanction of dismissal. Austin v. Miami Valley Hospital (Oct. 1, 1982), Montgomery App. No. 7780, unreported. On January 26,…