[DOWNLOAD] "Robert H. Johnson and Cheryl L. Johnson v." by Supreme Court of Wisconsin ~ eBook PDF Kindle ePub Free
eBook details
- Title: Robert H. Johnson and Cheryl L. Johnson v.
- Author : Supreme Court of Wisconsin
- Release Date : January 05, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 79 KB
Description
Robert and Cheryl Johnson (the Johnsons) appeal from a court of appeals' decision which affirmed the circuit court's order
dismissing their products liability personal injury action against Allis Chalmers Corporation (Allis Chalmers) and Sperry
Rand Corporation (Sperry) for their failure to comply with the circuit court's scheduling and discovery orders. Because the
Johnsons' conduct in failing to comply with the court's orders was egregious and without a "clear and justifiable excuse,"
we conclude that the circuit court did not abuse its discretion by dismissing the Johnsons' cause of action. In reaching this
Conclusion, we hold that dismissal may be imposed as a sanction regardless of whether the opposing party has been prejudiced
by the delays in discovery and regardless of whether the party bears personal responsibility for the noncompliance of their
attorney. The facts of this case are not in serious dispute. We adopt the findings of fact made by the court of appeals because our
review of the record corroborates those findings and they were not challenged by the parties in their briefs to this court.
Robert Johnson was injured in a farm accident involving a tractor and bale handler on December 20, 1979. Just short of three
years later, on December 17, 1982, he and his wife sued Allis Chalmers, the manufacturer of the tractor, and Sperry, the manufacturer
of the bale handler, seeking to recover damages on grounds of strict liability and negligence.