Paytes v. Kost

Nationwide Mutual Insurance Company appeals a discovery sanction assigning Nationwide primary coverage for all lawsuits arising from an auto accident. Because the statute permitting discovery sanctions limits such sanctions to the case at hand, we conclude that a discovery sanction cannot extend to liability for damages in a case subsequently consolidated with the case in which the sanction was ordered.

Ceonia Paytes and Jeanette McMillian brought separate lawsuits to recover damages they sustained when a truck driven by Gerald Kost struck the car driven by Paytes. Paytes's lawsuit was…