HILLABRAND, APPELLANT, v. DRYPERS CORPORATION, APPELLEE, ET AL., 87 Ohio St. 3d 517

Summary

Appellant was injured while working on appellee's roof. Appellant was tossing debris into a trash bin; it contacted nearby power lines. Appellant sued, alleging appellee negligently placed the trash bin dangerously close to power lines. Appellee answered, serving appellant with interrogatories and request for production of documents. Appellant did not respond and appellee moved to compel. Appellant notified the court he had served his responses on appellee's counsel. The trial court granted the motion, stating failure to comply would result in sanctions, including dismissal. Appellant did not respond and appellee moved for sanctions, attorney fees, and requested dismissal with prejudice. Appellee attached appellant's purported answers; arguing they failed to address any substantive issues requested. The trial court dismissed the case with prejudice and awarded attorney's fees. On appeal the court reversed, the court finding the trial court had prematurely granted appellees motion ...