Did the trial court abuse its discretion by striking the defendants answer? Ethel Flanzraich, 78 years old,

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Did the trial court abuse its discretion by striking the defendant’s answer?

Ethel Flanzraich, 78 years old, slipped and fell on the steps of property owned by Robin’s Wood. She broke her left leg and left arm. Flanzraich sued, claiming that Robin’s Wood caused her fall because its employee, Anthony Monforte, had negligently painted the stairs. In its answer to the complaint, Robin’s Wood denied all of the significant allegations.
During a preliminary conference with the trial judge, the parties agreed to hold depositions of both parties on August 4. Flanzraich appeared for deposition but Robin’s Wood did not furnish its employee, Monforte, nor did it offer any other company representative. The court then ordered the deposition of the defendant to take place the following April 2. Again, Robin’s Wood produced neither Monforte nor anyone else. On July 16, the court ordered the defendant to produce its representative within 30 days. Once more, no one showed up for deposition.

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Business Law and the Legal Environment

ISBN: 978-1111530600

6th Edition

Authors: Jeffrey F. Beatty, Susan S. Samuelson, Dean A. Bredeson

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