Appellate court reverses judge's dismissal of medical provider's claim after alleged discovery violations
When Clear Imaging, LLC, sued to recover the cost of No Fault PIP medical services it had provided to four accident victims, the Defendant filed detailed, extensive Interrogatories and a Request to Produce extensive information, despite the defendant's own failure to file an Answer to the Complaint. The attorney for the plaintiff pointed out that the discovery should not be due before an Answer was filed, and that he had exercised considerable restraint in failing to default the defendant for not timely answering the complaint. Discovery was provided, however the Plaintiff objected to its overbreadth an the Defendant argued it was inadequate. Ultimately, the Court dismissed the lawsuit as a penalty for failing to provide discovery--to a defendant who had not even answered the complaint properly.
The Court of Appeals reversed. The judges held that the sanction imposed by the Court--dismissal of the lawsuit--was too harsh under the circumstances.