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CARR v. CHARTER NATL. LIFE INS. CO.

No. 85-451.

22 Ohio St. 3d 11 (1986)

CARR ET AL., APPELLEES, v. CHARTER NATIONAL LIFE INSURANCE COMPANY, APPELLANT, ET AL.

Supreme Court of Ohio.

Decided January 29, 1986.

Attorney(s) appearing for the Case

Space, O'Meara & McLane and Douglas J. O'Meara, for appellees.

Syler, Redinger, Wright & Traver and Dennis D. Traver, for appellant.

WRIGHT, J.

We do not find adequate evidence in the record to excuse Charter's repeated failures to cooperate with discovery proceedings. We also find inadequate evidence, however, to support an award of damages of $200,000 and an award of attorney fees. Therefore, while we do not hold that the default judgment should have been vacated, we do hold that the awards of damages and attorney fees were an abuse of discretion.

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