Drejka v. Hitchens Tire Service Inc.
2010 Del. LEXIS 670
| Del. | 2010Background
- Drejka and husband sued Hitchens Tire Service, Wood, and Atlantic Concrete for injuries from a wheel falling off a truck (Aug 24, 2005 incident).
- Superior Court Scheduling Order set deadlines: expert reports due Dec 19, 2008; defendants' experts due Jan 16, 2009; discovery cutoff Feb 13, 2009; trial July 27, 2009.
- All deadlines were missed or not met by any party; Drejka later produced Balu's expert report May 5, 2009; Hitchens deposed Balu subsequently.
- Superior Court excluded Balu's testimony as late under the Scheduling Order, finding Drejka had not complied or sought modification.
- Hitchens moved for summary judgment; the court granted on the basis of lack of an expert; Drejka appealed.
- Court ultimately reversed the judgment in favor of Hitchens and affirmed the trial court’s denial of relief for the cross-claims against Atlantic Concrete and Wood.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal for scheduling-order violations was an abuse of discretion | Drejka argues lower court abused discretion by dismissing; sanctions less severe available | Hitchens contends dismissal appropriate due to repeated noncompliance | No; dismissal was an abuse of discretion; monetary sanctions preferred; judgment reversed for Hitchens. |
Key Cases Cited
- Hoag v. Amex Assurance Co., 953 A.2d 713 (Del.2008) (discretionary sanctions and standards for dismissal)
- Minna v. Energy Coal S.p.A., 984 A.2d 1210 (Del.2009) (six-factor test for default dismissal)
- Burkhart v. Davies, 602 A.2d 56 (Del.1991) (summary judgment appropriate where essential element not shown)
- Pinkett v. Brittingham, 567 A.2d 858 (Del.1989) (sanctions and discovery)