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Exum v. Norfolk S. Ry.

The trial court did not abuse its discretion in dismissing the plaintiff's complaint for willfully failing to respond to discovery requests.

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In this action under the Federal Employers’ Liability Act “FELA”, Lois Exum sued her employer Norfolk Southern Railway, alleging that she suffered injuries as a result of Norfolk Southern’s negligence. Following the dismissal of her complaint, as a sanction for wilful failure to respond to discovery, Exum appeals, arguing that the trial court’s dismissal constituted an abuse of discretion. For the reasons set forth below, we affirm. “A trial court has broad discretion to control discovery, including the imposition of sanctions, and this Court will not reverse the trial court’s ruling on such matters absent the showing of a clear abuse of discretion.” Crane v. Darnell .1 In this matter, the record shows that Exum filed her FELA action against Norfolk Southern on September 17, 2008. Norfolk Southern filed its answer on October 16, 2008, and on November 5, 2008, it served Exum with interrogatories and requests for production of documents. Pursuant to OCGA § § 9-11-33 and 9-11-34, Exum’s responses to Norfolk Southern’s discovery were due within 30 days of service, but Exum failed to respond within that time and did not request an extension of time in which to respond.

On December 17, 2008, Norfolk Southern’s counsel sent a letter to Exum’s counsel, requesting that Exum respond to the discovery. Receiving no response, on January 12, 2009, Norfolk Southern’s counsel sent a second letter to Exum’s counsel, again requesting responses to the discovery. This letter also elicited no response. Consequently, on March 17, 2009, Norfolk Southern’s counsel sent a third letter to Exum’s counsel, requesting responses to the discovery and advising that a motion to compel would be filed if Exum failed to respond. However, Exum again ignored the request.

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