Dunn v. Maislin Transport Ltd.

JOHNSON, Judge:

This case presents the issue of whether an order precluding defendants from entering any defense at trial as to plaintiffs claim, where unverified answers to interrogatories have already been delivered to plaintiff, constitutes an abuse of discretion as an inappropriate sanction under Pa.R. C.P. 4019. Because our review of the facts leads to the conclusion that the sanction here imposed was unwarranted, we reverse and remand.

This action, involving damage claims for both personal injury and property loss, arose out of a collision between plaintiffs 1976 Lincoln automobile and a…