PINKSTAFF v. BLACK & DECKER (U.S.) INC.

No. 09SA19.

211 P.3d 698 (2009)

In re Marcia PINKSTAFF, Plaintiff v. BLACK & DECKER (U.S.) INC., and Baldwin Hardware Corporation, Defendants.

Supreme Court of Colorado, En Banc.

June 29, 2009.


Attorney(s) appearing for the Case

Kazazian & Associates, LLC, Nina H. Kazazian, Denver, Colorado, Attorneys for Plaintiff.

Holland & Hart LLP, Steven M. Gutierrez, Denver, Colorado, Wheeler Trigg Kennedy LLP, Carolyn Fairless, Denver, Colorado, Attorneys for Defendants.

John W. Suthers, Attorney General, Maurice G. Knaizer, Deputy Attorney General, Denver, Colorado, Attorneys for Judge Peterson.


Justice MARTINEZ delivered the opinion of the court.

In this C.A.R. 21 proceeding, the Colorado Supreme Court held the trial court abused its discretion in striking an answer brief as a sanction for discovery violations. The court held that striking an answer brief is tantamount to an entry of default judgment, and, in the present case, was unduly harsh and not commensurate with the harm done. The court also held that, although the trial court employed language in...

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