Discovery Sanctions Lead to Early Summary Judgment on Behalf of Client

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Attorney Daniel Stofko of Cipriani & Werner’s Scranton office recently obtained summary judgment on behalf of its client in a lawsuit arising out of a residential construction project. The plaintiff alleged that he suffered significant damages to his home from water infiltration, including settling and cracking of the building’s foundation, as the result of a nearby construction project. After several of the plaintiff’s claims were stricken from the case on Preliminary Objections, discovery commenced.

After the plaintiff failed to produce responses to detailed discovery requests and failed to comply with several Orders of Court compelling full and complete responses, Attorney Stofko sought and obtained sanctions against the plaintiff, which included the preclusion of all evidence and responses not produced. Following entry of the Order granting those sanctions, Attorney Stofko obtained summary judgment on the grounds that the plaintiff would not be able to carry his burden of proof at trial. As a result, judgment was entered on behalf of the firm’s client and the litigation was concluded prior to depositions.

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