Berrain v. Katzen8/25/1993
e discovery rules. In affirming the trial court's dismissal of Lynch's claim and entry of judgment of default on Tull's counterclaim, we observed:
"The reasons for Lynch's failure to answer the interrogatories, which Judge Shure said were apparent to him as constituting a 'flagrant abuse' could well have been a deliberate, if not wilful, attempt to hinder or prevent effective presentation of Tull's defenses and counterclaims, or to stall in revealing his own weak claim or defense."
Id. at 262, 247 A.2d at 287.
This Court has consistently held that failure to furnish discovery sought under our Rules can result in the sanction of dismissal of a claim or an order of default. To hold otherwise would undermine the administration of our courts. See also Attorney Grievance Comm'n v. Kerpelman, 323 Md. 136, 148-49, 591 A.2d 516, 523, cert. denied Kerpelman v. Attorney Grievance Comm'n of Maryland, ____ U.S. ____, 112 S. Ct. 374, 116 L. Ed. 2d 326 (1991); Attorney Grievance Comm'n v. Pearson, 322 Md. 154, 163, 586 A.2d 25, 29 (1991); Adams v. Mallory, 308 Md. 453, 460-61, 520 A.2d 371, 375 (1987); Glass v. Glass, 284 Md. 169, 170-72, 395 A.2d 485, 486-87 (1978).
B.
The question remains, however, whether such sanctions were appropriate in the instant case where the infant plaintiffs' capacity to sue was subject to the control of a next friend. Md. Rule 2-202(b), which we quoted in footnote 1, supra, is derived from former Md. Rule 205 c and d which provided:
c. Infant--Suit by Mother--Tort.
Where a tort shall be alleged to have been committed against any infant, and said infant is in the sole custody of its mother, the mother, in the first instance shall have the right to institute suit against the alleged tort-feasor or tort-feasors for and on account of such alleged tort; provided, however, that if the mother, within six months after the commission of the alleged tort, shall have failed to institute suit as aforesaid, then any person interested in said child, after having first given notice to its mother, by registered mail at her last known address, shall have a right to institute suit as next friend to such infant.
d. Plaintiff Under Disability--Guardian--Committee--Next Friend.
A person under disability to sue, may sue by his guardian or committee, or by his next friend, subject, however, to such orders as the court may direct for the protection of infants and other persons; but before the name of any person shall be used in any action to be instituted as next friend of any infant, such person shall sign a written authority to the attorney for that purpose, and such authority shall be attached to the original pleading."
Former Rule 205 c, which we promulgated in 1957, substantially adopted the language of Maryland Code (1951), Art. 93, § 163. That statute was originally enacted as Ch. 524 of the Acts of 1927 and then codified as Md. Code (1927), Art. 93, § 153A. The language vesting the exclusive right to sue on behalf of a minor in the hands of the custodial parent was introduced by amendment in the House Judiciary Committee to House Bill 281, a bill entitled "'Parent and Child', relating to the natural and testamentary guardianship of minor children and to parental rights in general." 1927 House Journal at 212. The amendment provided that a mother with sole custody of a tortiously injured child had the exclusive right to bring an action within three months of the injury. House Jou
Page 1 2 3 4 5 6 7 8 9 Maryland Personal Injury Attorneys
Personal Injury Lawyers
|