Ashline v. Simon

CHEHARDY, Judge.

The issue before this court is whether or not the trial judge abused his discretion in dismissing with prejudice plaintiffs claim against one of the defendants for failure to answer interrogatories.

Clifford Ashline filed this suit for personal injuries resulting from an automobile accident. The defendant with which we are here concerned is Ashline’s uninsured/unde-rinsured liability carrier, United Services Automobile Association (USAA).1

The suit was filed on January 19, 1981, and on November 10 of that year USAA filed interrogatories and a request for the production of…