Bates v. Thomas

Supreme Court of Louisiana
Bates v. Thomas, 806 So. 2d 650 (La. 2002)
2002 WL 172002
Deny, Johnson, Kimball, Knoll, Writ

Bates v. Thomas

Opinion of the Court

PER CURIAM.

Granted. While we find no abuse of discretion in the trial court’s judgment sanctioning defendant Erroll Thomas for failure to comply with discovery, the sanction chosen by the trial court (entry of judgment by default on the issue of,liability) has an adverse effect on the other defendants under the unique facts of this ease. Accordingly, the judgment of the trial court is vacated and the case is remanded to the trial court for a less drastic sanction that does not adversely affect the other defendants.

KIMBALL, JOHNSON and KNOLL, JJ., would deny the writ.

Reference

Full Case Name
Mark A. BATES v. Erroll THOMAS
Status
Published