PRESSEY v. PATTERSON

No. 88-2917.

898 F.2d 1018 (1990)

Melva PRESSEY, Individually and as next Friend for William H. Pressey, Plaintiff-Appellee, Cross-Appellant, v. Kendall R. PATTERSON, Defendant, W.L. Brasher, etc. and City of Houston, Defendants-Appellants Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

April 23, 1990.


Attorney(s) appearing for the Case

Richard H. Cobb, Conner & Dreyer, Houston, Tex., for W.L. Brasher.

Jack McKinley, Hirsch, Glover, Robinson & Sheiness, Houston, Tex., for City of Houston.

Michael M. Essmyer, Clinard J. Hanby, Essmyer & Hanby, Gerald M. Birnberg, Houston, Tex., for plaintiff-appellee, cross-appellant.

Before GOLDBERG, GARWOOD, and DAVIS, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

In this section 1983 action, the City of Houston appeals a default judgment in excess of $8 million entered against it after the district court struck its answer for discovery abuse. We reverse the default judgment and remand the case for a trial on liability and to allow the district court to consider a more appropriate sanction.

I.

On October 14, 1983, a truck driven by William Pressey, the plaintiff, approached...

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