Summey v. Barker

As (I) the trial court erred in failing to consider lesser sanctions for plaintiff’s discovery misconduct and (II) I disagree with the majority that this action was solely a medical malpractice action, I dissent in part.

I

In this case, the trial court’s exclusion of plaintiff’s experts had the same effect as a dismissal of plaintiff’s medical malpractice action. While the imposition of sanctions for discovery misconduct is within the discretion of the trial court, this Court has held that before the trial court selects as severe a sanction as dismissal, it must first determine the…