Harvey v. Stone County Sch. Dist.


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Docket Number: 2002-CA-01777-COA
Linked Case(s): 2002-CA-01777-COA

Court of Appeals: Opinion Link
Opinion Date: 10-14-2003
Opinion Author: Griffis, J.
Holding: Reversed and Remanded

Additional Case Information: Topic: Personal injury - Dismissal of action - Discovery violation - M.R.C.P. 37(b)(2)(C) - M.R.C.P. 41(b)
Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ.
Procedural History: Dismissal
Nature of the Case: CIVIL - PERSONAL INJURY

Trial Court: Date of Trial Judgment: 09-24-2002
Appealed from: Stone County Circuit Court
Judge: Stephen Simpson
Disposition: PLAINTIFF'S CASE DISMISSED WITH PREJUDICE.
Case Number: 2001-0060

  Party Name: Attorney Name:  
Appellant: Bonnie Harvey




PRO SE



 

Appellee: Stone County School District WALTER WILLIAM DUKES TRACE D. MCRANEY  

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Topic: Personal injury - Dismissal of action - Discovery violation - M.R.C.P. 37(b)(2)(C) - M.R.C.P. 41(b)

Summary of the Facts: Bonnie Harvey was injured during cheerleading practice, while at school. Alicia and Vic Harvey, as Harvey’s legal guardians, filed a complaint against the Stone County School District alleging negligence and requesting damages. The District filed a motion to dismiss which the court granted. Harvey appeals.

Summary of Opinion Analysis: Harvey argues that the court erred in dismissing her claims under Rules 37 and 41 of the Mississippi Rules of Civil Procedure. Rules 37(b)(2)(C) and 41(b) provide that a court may enter an order dismissing the action when a party refuses to comply with an order compelling discovery. However, the court should dismiss a cause of action for failure to comply with discovery only under the most extreme circumstances. The court’s dismissal occurred while Harvey was representing herself. There is no allegation that Harvey lied or committed any willful violation of the discovery rules. When the court entered the order dismissing the case, Harvey had attempted to comply with the order and had produced discovery. Harvey was arguably one day late in filing discovery responses. Being one day late in service of discovery responses cannot be deemed a sufficient violation of the Rules to warrant dismissal with prejudice. Additionally, the court failed to consider alternative sanctions and failed to even consider that Harvey had attempted to comply with the court’s order by providing answers to interrogatories and by producing documents. Therefore, the court’s ruling was an abuse of discretion.


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