DREJKA v. HITCHENS TIRE SERVICE INC.

No. 748, 2009.

15 A.3d 1221 (2010)

Jeanette Christina DREJKA and Christian Drejka, Plaintiffs Below, Appellants, v. HITCHENS TIRE SERVICE INC., David Wood, and Atlantic Concrete Inc., Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: December 28, 2010.


Attorney(s) appearing for the Case

Henry A. Heiman, Esquire (argued), Basil C. Kollias, Esquire and Blake A. Bennett, Esquire of Cooch & Taylor, P.A., Wilmington, Delaware, for Appellants.

Jeffrey S. Friedman, Esquire (argued) of Silverman, McDonald & Friedman, Wilmington, Delaware, for Appellee Hitchens Tire Service Inc.

Ronald W. Hartnett, Jr., Esquire (argued) of Reger Rizzo & Darnall, LLP, Wilmington, Delaware for Appellees David Wood and Atlantic Concrete Inc.

Before BERGER, JACOBS and RIDGELY, Justices.


BERGER, Justice:

In this appeal, we consider whether the Superior Court abused its discretion in dismissing appellants' personal injury claims as the sanction for discovery violations. The trial court must exercise control over its calendar, and attorneys who ignore deadlines should be sanctioned. But dismissal is the ultimate sanction, and generally it should not be used except in extreme cases, where other sanctions have proved ineffective. This is not such a case...

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