Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Coloni v. Coloni

Supreme Court of South Dakota

November 1, 2017

LAURA COLONI, Plaintiff and Appellant,
v.
JOHN COLONI and BRYAN SPRINGER, Defendants and Appellees.

          CONSIDERED ON BRIEFS ON OCTOBER 2, 2017

         APPEAL FROM THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT MEADE COUNTY, SOUTH DAKOTA THE HONORABLE JEROME A. ECKRICH, III Retired Judge

          JAY C. 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 Coloni.

          HEATHER M. LAMMERS BOGARD Costello, Porter, Hill, Heisterkamp, Bushnell & Carpenter, LLP Rapid City, South Dakota Attorneys for appellee Bryan Springer.

          SEVERSON, JUSTICE.

         [¶1.] 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 fees sanction.

         We affirm.

         Background

         [¶2.] 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.

         [¶3.] 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.