X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

This appeal arises out of the trial court’s order striking and dismissing the plaintiffs’ complaint for wilful failure to respond to discovery. Because the record supports the sanction, we find no abuse of the trial court’s discretion. We therefore affirm. This is the second appearance of this case here. As more fully set out in Gropper v. STO Corp. , 250 Ga. App. 820 552 SE2d 118 2001, plaintiffs Gary and Vickie Gropper, on behalf of themselves and their children, sought redress against three defendants for property damage and personal injuries allegedly arising out of the unauthorized substitution of a synthetic stucco product during the construction of their home. Id. at 820. They contended that defects described in their complaint resulted in water infiltration, which in turn damaged their home and caused personal injuries through the growth and release of “hazardous biological contaminants and chemicals into the indoor environment.” Numerous cross claims and third party claims were filed as well. Id. at 820-821. In the previous appeal, this court affirmed in part and reversed in part the trial court’s grant of partial summary judgment and summary judgment. Following this Court’s July 2001 decision, several claims remained pending.

1. The issues addressed in this appeal involve the Groppers’ pattern of failing to respond efficiently and timely to discovery requests made by the defendants. In July 2003, defendant Renaissance Building Corporation filed a motion for entry of a case management and scheduling order. Renaissance sought an order setting forth discovery deadlines, particularly a date by which the Groppers “be required to revisit, update and restate their answers to previously served discovery.” Renaissance noted that the plaintiffs’ previous discovery responses were “outdated and so absurdly overbroad as to make some of them virtually meaningless” and that the Groppers should “be required to narrow and more properly shape their prior responses.” It appears that the initial discovery responses had been provided only after the trial court compelled response and imposed sanctions on the Groppers.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More

Join East Bay Municipal Utility District s (EBMUD s) dynamic legal team as a Legal Secretary II. The person selected for this position will ...


Apply Now ›

Berchem Moses PC, a prominent Connecticut law firm with offices in Milford and Westport, is actively recruiting candidates for the following...


Apply Now ›

Note: This position is hybrid, however, it is discretionary, and the office location is in Bradenton, Florida.Note: The salary range reflect...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›