Lisa Chambers and Tasha Nobles sued Robert Brown for injuries caused when his vehicle collided into theirs. Brown stipulated to liability. The sole triable issue was the extent of the plaintiffs’ damages. Although both plaintiffs claimed they suffered pain caused by the wreck, Chambers testified she began experiencing debilitating neck pain and headaches after the wreck. After discovery was completed, but before trial, Defendant Brown discovered other relevant medical information that Chambers had not provided in discovery. Through these additional medical records, Brown learned Chambers had been treated for headaches and neck pain in 2004. Upon intake, Chambers complained her headaches and neck pain were “often” and “constant.” In January 2005, one year prior to the wreck, Chambers had an MRI of her spine due to her complaints of “neck and back pain.” Just three months before the accident, Chambers returned for treatment for neck pain and constant headaches. Brown moved to dismiss Chambers from the lawsuit under M.R.C.P. 37, citing discovery violations. The trial court granted the motion, and the Court of Appeals upheld the dismissal.
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