McElhaney

McElhaney v. Cessna Aircraft Co.

Good Law
134 Cal. App. 3d 285·184 Cal. Rptr. 547·1982 Cal. App. LEXIS 1772
Court of Appeal of CaliforniaJuly 26, 1982Civ. 62696California1,827 words

Opinion

Opinion

Ashby, J.

In this personal injury action, plaintiffs appeal from an order dismissing their complaint for failure to comply with the court’s order that the parties meet and confer to resolve differences concerning discovery, pursuant to rule 222.1 of the California Rules of Court.

The complaint alleges that plaintiffs were injured in the crash of a Cessna aircraft which was defectively designed and manufactured by respondent. On March 27, 1980, respondent served on appellants a set of interrogatories, Nos. 67 through 87, requesting appellants to specify in detail the defects in design or manufacture which they ascribed to the aircraft and the facts supporting those contentions, and in addition to describe in detail the manner in which the pilot’s operation of the aircraft contributed to the accident. Appellants served answers to these interrogatories by mail on July 30, 1980. Counsel for respondent deemed the answers to interrogatories 68, 71, 72, 73, 74, 85, and 86 to be inadequate.

On August 12, 1980, counsel for respondent wrote a letter to counsel for appellants stating why the answers were insufficient and requesting further answers. Counsel for respondent stated: “Court Rule…

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