Taylor v. Stapp

Bell, Chief Judge.

Plaintiff sued the defendant for personal injuries caused by an alleged assault. Defendant did not answer within the time required by law. The trial court thereafter ordered the plaintiff to submit to the taking of his discovery deposition on the issue of damages. Plaintiff failed to obey. Defendant’s motion for sanctions was sustained and the court dismissed the action. This appeal has been transferred by the Supreme Court to this court. Held:

Argued January 6, 1975 Decided April 7, 1975.

1. In a prior appeal the Supreme Court disposed of issues concerning the denial of…