West v. Equifax Credit Information Services, Inc. , 230 Ga. App. 41 ( 1997 )

McMurray, Presiding Judge,

dissenting.

I respectfully dissent from the affirmance of the trial court’s imposition of the .ultimate sanction of dismissal for plaintiff’s failure to answer interrogatories and failure to appear at a properly noticed deposition. I do not approve of self-help in the form of complete nonresponsiveness to discovery, since the Civil Practice Act contains provisions for protective orders. In light of the mutual failure of both plaintiff West and co-defendant Equifax Credit Information Services, Inc. to cooperate on discovery matters, it is my view that, the trial court abused its discretion in not meting out sanctions more evenhandedly. The proper disposition of the case sub judice is to vacate the dismissal and remand with directions to consider some lesser sanction.

Decided December 2, 1997 Reconsideration denied December 19, 1997 George M. Johnson, for appellant. Powell, Goldstein, Frazer & Murphy, James W. Hawkins, for appellee.

I am authorized to state that Judge Eldridge joins in this dissent.