Oaks v. Rojcewicz

RABINO WITZ, Justice.

The primary issue in this appeal is whether the trial court properly dismissed appellant’s third party claim. Cardinal to the resolution of this question is the proper construction of Civ.R. 37(b) (2) [c], which authorizes the imposition of sanctions when a party has refused to “make discovery.”

Civ.R. 37(b) (2) [c] provides:

Refusal to Make Discovery — Conse quences.

⅜ ⅜ * * * ⅝(b) Failure to Comply With Order.

⅜ * * * * ⅜(2) Other Consequences. If a party * * * refuses to obey an order * * * made under Rule 34 to produce any document or other thing for inspection, copying…