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Taylor v. Marshall

The trial court erred in dismissing the plaintiffs' complaint without first conducting a hearing and without determining that their failure to respond to discovery was wilful.

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Joshua Taylor and Lauren Thomas plaintiffs below appeal after the trial court granted Anne Marshall’s motion for sanctions and struck their complaint. For reasons that follow, we reverse the order dismissing the action with prejudice and remand for a hearing on whether plaintiffs’s failure to comply with discovery was wilful.

This case arose following an automobile accident. Taylor and Thomas sued Marshall, claiming that her negligence caused both property damage and personal injuries. Marshall answered and served interrogatories and requests for production of documents on both Taylor and Thomas on October 10, 2011. On the same date, Marshall also noticed both their depositions for January 11, 2012.

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