CONSIDERED ON BRIEFS ON OCTOBER 2, 2017
FROM THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT MEADE
COUNTY, SOUTH DAKOTA THE HONORABLE JEROME A. ECKRICH, III
SHULTZ Rapid City, South Dakota Attorney for appellant.
BARBARA ANDERSON LEWIS of Lynn, Jackson, Shultz & Lebrun,
PC Rapid City, South Dakota Attorneys for appellee John
HEATHER M. LAMMERS BOGARD Costello, Porter, Hill,
Heisterkamp, Bushnell & Carpenter, LLP Rapid City, South
Dakota Attorneys for appellee Bryan Springer.
Laura Coloni sued John Coloni and Bryan Springer for injuries
sustained in a motorcycle accident. Almost two years after
Laura filed her complaint, the circuit court granted
Springer's motion to dismiss. The court dismissed
Laura's case because Laura failed to comply with two
discovery orders and did not pay an attorney's fees
sanction ordered for her failure to comply with a motion to
compel discovery. Laura appeals raising three issues, which
we restate as follows:
1. Whether the circuit court erred in granting Springer's
motion for a sanction of attorney's fees against Laura
for her failure to produce documents.
2. Whether the circuit court erred in dismissing Laura's
complaint as a sanction for failing to produce IRS Form W-2s.
3. Whether the circuit court erred in dismissing Laura's
complaint as a sanction for failure to pay the attorney's
In August of 2014, Laura sued John and Springer alleging
negligence and seeking money damages for injuries sustained
in a motorcycle accident. On December 4, 2015, as part of
that action, the circuit court entered an order compelling
Laura to produce her W-2 wage statements (W-2s) from 2004 up
to the date of the hearing. The deadline to produce the W-2s
was December 17, 2015. Laura failed to meet that deadline,
and on January 21, 2016, Springer filed a motion to compel
seeking Laura's W-2s and other records. On March 9, 2016,
the circuit court granted Springer's motion and ordered
Laura to produce the requested documents within thirty days.
The order also assessed attorney's fees in the amount of
$1, 151.16 for Laura's failure to comply with discovery.
After the thirty days had expired, Laura did not produce W-2s
from 2004-2007, 2009-2010, and 2012-2014. She also did not
pay the attorney's fees sanction. On June 2, 2016,
Springer filed a motion ...