LENZE v. SYNTHES, LTD.

No. 1 CA-CV 88-043.

160 Ariz. 302 (1989)

772 P.2d 1155

Thomas A. LENZE, Plaintiff-Appellee, v. SYNTHES, LTD., a.k.a. Synthes A.G., Chur, a Swiss corporation d.b.a. Synthes, Ltd., U.S.A., Defendant-Appellant.

Court of Appeals of Arizona, Division 1, Department B.

April 6, 1989.


Attorney(s) appearing for the Case

Edward Louis Barry, and Edward P. McNeff, Phoenix, for plaintiff-appellee.

Jennings, Strouss & Salmon by William T. Birmingham, M. Byron Lewis, Phoenix, for defendant-appellant.


OPINION

CONTRERAS, Presiding Judge.

In this appeal, we consider the question of whether the trial court, in denying a motion to set aside a default judgment entered as a sanction for failure to comply with a discovery order, abused its discretion by failing to conduct an evidentiary hearing to determine whether appellant, as opposed to its trial counsel, was responsible for misconduct in the discovery process. We conclude that the trial court should have conducted...

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