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Tag Archives: discovery violations

Civil Practice – Discovery Violations – Sanction – Striking Answer – Contract – Business Opportunity Sale – Vending Machine Route (access required)

Sigmon v. Johnston After ignoring several discovery requests and orders, defendants failed to appear for trial. The trial court heard plaintiff’s counsel’s argument about the sanctions sought (and those not sought) and took the matter under advisement for an hour before sanctioning defendants by striking their answer. The trial court contemplated lesser sanctions and did not abuse its discretion in striking defendants’ answer. We affirm the trial courts’ orders denying defendants’ motions for summary judgment, for a continuance, and for reconsideration. We also affirm the trial court’s orders granting their counsel’s motion to withdraw and striking their answer.

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Discovery abuse is one of the biggest problems in civil litigation (access required)

H. Gerald Beaver is a senior partner with Beaver, Holt, Sternlicht and Courie in Fayetteville. A native of Albemarle, Beaver received his law degree from the University of North Carolina School of Law in 1973. He spent two years as a public defender for the 12th Judicial District before entering private practice in 1975.

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Double-murder trial brings discovery statute into focus (access required)

A homicide investigator's handwritten notes have become the focus of what some attorneys are calling the biggest murder trial in Charlotte in a decade. The case, State v. Montgomery, involves the killing of two Charlotte-Mecklenburg police officers in 2007. Attorney Bill Powers of Charlotte-based Powers McCartan said if police officers and prosecutors don't turn over their entire file, except for work product, they may be subject to sanctions. Powers is not involved in Montgomery.

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Workers’ Compensation – Medical Benefits – Knee Injury – Future Replacement – Discovery Violations (access required)

Innes v. Kmart/Sears Holdings Corp. (Lawyers Weekly No. 10-08-0788, 6 pp.) (Laura Kranifeld Mavretic, Commissioner) Appealed from Opinion & Award of Deputy Commissioner George R. Hall III. I.C. 234063. Holding: Although plaintiff has managed her knee pain with a brace ...

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Workers’ Compensation – Medical Benefits – Knee Injury – Future Replacement – Discovery Violations (access required)

Innes v. Kmart/Sears Holdings Corp. Although plaintiff has managed her knee pain with a brace and Celebrex for longer than her doctor believed she would be able to, it is still likely that she will need a total replacement in the future because of her compensable knee injury.

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