Garrett v. Cuyahoga Cty.

Citations

• 2022 Ohio 2770

Syllabus

Civ.R. 37(A) Civ.R. 37(B)(1)(f) discovery request sanction pattern default judgment abuse of discretion. We affirm the trial court's judgment granting default judgment as a sanction for appellant's repeated failure to respond to appellee's discovery requests and the trial court's orders. Pursuant to Civ.R. 37(A), a party to a civil action may move for an order compelling discovery from another party who has failed to respond in full to formal discovery requests. Further, Civ.R. 37(B)(1)(f) provides that if a party fails to obey an order to provide or permit discovery, including an order made under Civ.R. 37(A), the trial court may issue further just orders, including entering a default judgment against the disobedient party. In this matter, appellant failed to engage in the litigation, ignored scheduling orders, repeatedly failed to respond to discovery requests, and failed to comply with the trial court's orders. As such, we find no abuse of discretion in the trial court's decision.