Supreme Court of Arkansas

Lake Village Healthcare Center, LLC Perennial Health Care Management, LLC and James Santarsiero v. — Hannah, J…

May 24, 20122012 Ark. LEXIS 254

Summary

Justice Hannah concurred in the majority's conclusion that striking the defendants' answers was not an abuse of discretion, while emphasizing that striking pleadings is an extraordinary sanction to be used sparingly. He reasoned that the defendants ignored repeated orders to produce specified emails, failed to obtain relief from those orders, and did not establish impossibility of compliance. Justice Danielson, joined by Justices Corbin and Goodson, separately concurred and likewise concluded that the defendants' failure to produce any requested emails independently justified the sanction.