Opinion

Weatherly v. Baptist Medical Center

  • 392 So. 2d 832
  • 1981 Ala. LEXIS 3213
Court
Supreme Court of Alabama
Filed
Jan 9, 1981
Status
Published
Author
Embry
On the bench
Adams, Embry
Cited by
26 cases

holding that, without a record of willful refusal to comply with court orders, a record of *440 failure to answer interrogatories did not justify a dismissal with prejudice

How later courts described this case

  • holding that, without a record of willful refusal to comply with court orders, a record of *440 failure to answer interrogatories did not justify a dismissal with prejudice
  • reversing a dismissal with prejudice under Rule 37, Ala. R. Civ. P., when the evidence did not support a determination that the plaintiff had willfully failed to respond to interrogatories
  • "[T]he 'willfulness' of plaintiff's refusal to answer interrogatories in this case is a key criterion to the imposition of the drastic sanction of dismissal."
  • "we do not find that element of `willfulness' in plaintiff's conduct to justify the drastic sanction of dismissal"

Written by the judges who cited it.

The opinion

Respectfully, I am compelled to dissent. From the record, I am not able to conclude that the trial court, in any respect, abused its discretion in applying the sanction of dismissal of this action on the basis upon which it acted.

TORBERT, C.J., and ALMON, J., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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