Legal Opinion
Weatherly v. Baptist Medical Center
Supreme Court of Alabama
Decided January 9, 1981No. 79-606PublishedCited by 31 opinions
1Opinion of the Court
This appeal is from the dismissal of a malpractice suit pursuant to Rule 37 (b)(2)(C), ARCP, for plaintiff's failure to comply with the trial court's order to answer interrogatories. The central issue is whether the trial court abused its discretion in applying the sanction of dismissal. We reverse.
Plaintiff is an 80-year-old patient in a Montgomery County nursing home. The facts surrounding his injury are unclear. The case had been dismissed before any significant discovery had been achieved. However, plaintiff's complaint alleges:
On or about the 8th day of August, 1978, the plaintiff, Henry…
2Cases cited19 opinions
- Societe Internationale Pour Participations Industrielles Et Commerciales, S. A. v. RogersSupreme Court of the United States · 1958
- Fed. Sec. L. Rep. P 94,803 Steven Flaks v. David I. Koegel and Flora Mir Candy CorporationCourt of Appeals for the Second Circuit · 1974
- Albert Flaksa v. Little River Marine Construction Co., Inc.Court of Appeals for the Fifth Circuit · 1968
- Clayton E. Durham v. Florida East Coast Railway CompanyCourt of Appeals for the Fifth Circuit · 1967
- Powell v. Committee on Admissions & Grievances of the United States District Court for the District of ColumbiaSupreme Court of the United States · 1968
14 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Iverson v. Xpert Tune, Inc.Supreme Court of Alabama · 1989
- Vesta Fire Ins. Corp. v. Milam & Co. Constr., Inc.Supreme Court of Alabama · 2004
- Cincinnati Ins. Co. v. Synergy Gas, Inc.Supreme Court of Alabama · 1991
- Tucker v. TuckerCourt of Civil Appeals of Alabama · 1982
- Ex Parte PhillipsSupreme Court of Alabama · 2004
26 more not listed; retrieve them via the Exa API.