TONEY v. BERKEMER

No. 82-1518.

6 Ohio St. 3d 455 (1983)

TONEY, APPELLANT, v. BERKEMER, SHERIFF, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided September 7, 1983.


Attorney(s) appearing for the Case

Mr. Robert C. Paxton II, Mr. Walter W. Grelle, Jr., and Mr. Russell P. Herrold III, for appellant.

Messrs. Bricker & Eckler and Mr. David K. Conrad, for appellees.


J. P. CELEBREZZE, J.

The issue presented here is whether the trial court abused its discretion in granting the default judgment in favor of appellees.

Civ. R. 37(A) and (B) provide broad discretion to the trial court to impose sanctions for failure to comply with the trial court's discovery orders. However, the United States Supreme Court has held that the harsh remedies of dismissal and default should only be used when the "* * * failure to comply has been...

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