WARD v. HESTER

No. 73-11.

36 Ohio St. 2d 38 (1973)

WARD, APPELLEE, v. HESTER; CONTINENTAL CASUALTY CO., APPELLANT.

Supreme Court of Ohio.

Decided November 14, 1973.


Attorney(s) appearing for the Case

Messrs. Navarre, Rizor & DaPore and Mr. Joseph C. DaPore, for appellee.

Messrs. McNeal, Schick, Archibald & Carlson and Mr. Harley J. McNeal, for appellant.


WILLIAM B. BROWN, J.

The question presented in this case is whether the imposition of sanctions, as provided by Civ. R. 37, preventing the defendant Continental from introducing evidence regarding agency and scope of employment at trial, was within the court's discretion.

This case involves the construction of Civ. R. 37(B), effective July 1, 1970, which, in pertinent part, provides:

"(1) If a deponent fails to be sworn or to answer a question after...

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