Prater v. Castle

JOHNSON, Judge.

Floyd Prater has appealed from an order of the Johnson Circuit Court which dismissed his negligence action against the appellee, Deloris Castle. The trial court interpreted CR 2 8.01(2) as applied by Fratzke v. Murphy, 3 to require dismissal of the action because Prater had failed to seasonably answer interrogatories concerning the amount of his claim for unliq-uidated damages or to timely move the trial court for leave to belatedly file his answers. Having concluded that the trial court erroneously applied Fratzke to the case sub judice, we reverse and remand for further…