Jeanette Christina Drejka and Christian Drejka, Plaintiffs Below, Appellants v. Hitchens Tire Service Inc., David…

Summary

The court held that dismissing the personal-injury claims as a discovery sanction was inappropriate because the record did not show that lesser sanctions had been tried or would be ineffective, and the plaintiff herself was not responsible for counsel's delays. The court also held that the remaining defendants were entitled to summary judgment because undisputed evidence showed that the driver properly inspected the truck and could not have known of the stripped lug nuts. The judgment for Hitchens was reversed, while the judgments for Atlantic Concrete and Wood were affirmed.