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WEATHERLY v. BAPTIST MEDICAL CENTER

79-606.

392 So.2d 832 (1981)

Henry WEATHERLY v. BAPTIST MEDICAL CENTER et al.

Supreme Court of Alabama.

January 9, 1981.

Attorney(s) appearing for the Case

Jerome Tucker of Newton & Tucker, Birmingham, for appellant.

Thomas H. Keene of Rushton, Stakely, Johnston & Garrett, Montgomery, for appellees.

ADAMS, Justice.

This appeal is from the dismissal of a malpractice suit pursuant to Rule 37(b) (2)(C), ARCP, for plaintiff's failure to comply with the trial court's order to answer interrogatories. The central issue is whether the trial court abused its discretion in applying the sanction of dismissal. We reverse.

Plaintiff is an 80-year-old patient in a Montgomery County nursing home. The facts surrounding his injury are unclear. The case had been dismissed...

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