On November 11, 2019, Plaintiff filed her lawsuit against Defendant for injuries arising out of an automobile collision. However, defendant was not involved in the subject collision, nor was Defendant served, and Defendant indicated both in her Notice of Special Appearance and Answer. Concurrently with the filing of the NOSA and Answer, Defendant filed a Motion to Dismiss for want of service. That matter came before the Court for a hearing, and parties agreed that Defendant would withdraw her motion if Plaintiff agreed that any subsequent dismissal would operate as a dismissal with prejudice (Order, May 19, 2022).

On November 29, 2022, the Court held a pre-trial conference wherein Defendant requested that all of Plaintiff’s evidence be excluded for failure to participate in both written discovery and depositions. Plaintiff indicated that he would submit written responses and appear for a deposition before the end of the year. Plaintiff did neither.

Defendant filed her Motion in Limine and Motion to Dismiss for failure to participate in discovery. Both Motions relied on O.C.G.A. § 9-11-37(d), which allows for discovery sanctions absent a prior Court Order. For the Motion in Limine, Defendant requested that all of Plaintiff’s evidence be excluded from trial. For the Motion to Dismiss, Defendant requested that Plaintiff’s Complaint be stricken and the case be dismissed.

At the hearing on January 12, 2023, the Court – having recalled the pre-trial conference and Plaintiff’s assertions that she would participate in written discovery and depositions – granted Defendant’s Motion in Limine excluding all evidence from trial. There being no evidence for trial, the Court then granted Defendant’s Motion to Dismiss.

Since the Court had already entered an Order indicating that any subsequent dismissal would operate as a dismissal with prejudice, this case was dismissed with prejudice.

The case is Parks v. Robinson, Superior Court of Newton County (Alcovy Judicial Circuit), CAFN: SUCV2019002392

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