In the November 17, 2010 opinion Young v. Kajkenova, 2010 Ark. App. 783, the Arkansas Court of Appeals held that a circuit court must weigh the facts and circumstances before making a discovery sanctions order.
In November 2008, appellant and estate representative Lawrence Young, refiled his previously nonsuited medical malpractice lawsuit. After appellee Oumitana Kajkenova, M.D. filed his answer, the circuit court entered a scheduling order and set an October 27, 2009 jury trial.
Kajkenova propounded discovery in January 2009. In June, Kajkenova still had not received any responses. Kajkenova’s attorney sent repeated letters to Young’s attorney asking for the responses and stating that he wanted to depose any experts Young would call at trial.
Kajkenova finally filed a motion to compel on August 10, 2009 to which Young did not respond. On September 4, 2009, the court entered an order compelling responses to the discovery requests and requiring that all Young’s witnesses be made available for deposition by September 25, 2009. Continue reading ACOA: Court Must Weigh Circumstances Before Imposing Discovery Sanctions
