Trial lawyers specializing in personal injury and civil litigation
Court dismisses claim where there are repeated discovery failures, despite lack of warning by Court
In Universal Health Group v. Allstate, the Sixth Circuit upheld the dismissal of the Plaintiff's lawsuit attempting to collect PIP benefits from Allstate. The Court held that because the Plaintiff provided inadequate responses to the Defendant's discovery demands on a repeated basis, the trial judge did not abuse his discretion by simply dismissing the claim. The Court held that it was not necessary for the judge to warn the Plaintiff that a dismissal would be his next action in response to another discovery delay or failure.