DUNN v. MAISLIN TRANSPORT LTD.


310 Pa.Super. 321 (1983)

456 A.2d 632

Patrick DUNN v. MAISLIN TRANSPORT LIMITED, A Corporation Organized and Existing Under the Laws of The Dominion of Canada, and Guy Castiglia, Appellants.

Superior Court of Pennsylvania.

Filed February 11, 1983.

Petition for Allowance of Appeal Denied May 12, 1983.


Attorney(s) appearing for the Case

Mark A. Ciavarella, Jr., Wilkes-Barre, for appellants.

John J. Byrne, Scranton, for appellee.

Before McEWEN, JOHNSON and WATKINS, JJ.


JOHNSON, Judge:

This case presents the issue of whether an order precluding defendants from entering any defense at trial as to plaintiff's claim, where unverified answers to interrogatories have already been delivered to plaintiff, constitutes an abuse of discretion as an inappropriate sanction under Pa.R. C.P. 4019. Because our review of the facts leads to the conclusion that the sanction here imposed was unwarranted, we reverse and remand.

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