Leona Fremming v. Estelle Tansey

Summary

The court held that the defendant's motion to compel employment records and tax returns was substantially justified because the records could bear on the plaintiff's injury, incapacity, and potential lost-earnings claim. The trial justice therefore abused her discretion by imposing attorney's fees under Rule 37(a), particularly where the request was not groundless, harassing, or outrageous. The court granted certiorari, quashed the fee award, and remanded the papers to the Superior Court.