ALLEN v. SMITH

No. 67457.

390 So.2d 1300 (1980)

Raymond ALLEN v. Sylvester SMITH, Jr.

Supreme Court of Louisiana.

Rehearing Denied December 15, 1980.


Attorney(s) appearing for the Case

Gordon Hackman, Boutte, for plaintiff-applicant.

Dermot S. McGlinchey and Lawrence J. Centola, Jr., McGlinchey, Stafford, Mintz & Hoffman, New Orleans, for defendant-respondent.


DENNIS, Justice.

The issue in this case is whether the trial court abused its discretion in ordering the dismissal with prejudice of the plaintiff's claim against one of the defendants for failure to permit or provide discovery. We find dismissal inappropriate under the facts in this case and accordingly reverse and remand.

Allen filed suit against Smith on August 1, 1977 for injuries sustained on March 19, 1977...

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