# Weatherly v. Baptist Medical Center

> Supreme Court of Alabama · January 9, 1981 · 392 So. 2d 832

URL: https://www.frixlaw.com/law-library/cases/9935205

## Case

- **Full name:** Henry Weatherly v. Baptist Medical Center
- **Court:** Supreme Court of Alabama
- **Decided:** January 9, 1981
- **Citations:** 392 So. 2d 832; 1981 Ala. LEXIS 3213
- **Precedential status:** Published
- **Opinion:** Dissent by Embry
- **Judges:** Adams, Embry
- **Cited by:** 26 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9935205

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9935205. Public record. Not legal advice.