LORI WARREN V ALLSTATE INSUR CO
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STATE OF MICHIGAN
COURT OF APPEALS
LORI WARREN,
UNPUBLISHED
November 25, 2003
Plaintiff-Appellant,
v
No. 241796
Kent Circuit Court
LC No. 01-004934-NF
ALLSTATE INSURANCE COMPANY,
Defendant-Appellee.
Before: Cooper, P.J., and Markey and Meter, JJ.
MEMORANDUM.
Plaintiff appeals as of right the order dismissing this action as a sanction for a discovery
violation. We affirm. This appeal is being decided without oral argument pursuant to MCR
7.214(E).
This Court will review a trial court’s imposition of discovery sanctions for an abuse of
discretion. Traxler v Ford Motor Co, 227 Mich App 276, 286; 576 NW2d 398 (1998). MCR
2.313(B)(2)(c) explicitly authorizes a trial court to dismiss a proceeding when a party fails to
obey an order to provide discovery. Bass v Combs, 238 Mich App 16, 26; 604 NW2d 727
(1999). The trial court should carefully consider the circumstances of the case to determine
whether a drastic sanction such as dismissal is warranted. Id. “Severe sanctions are generally
appropriate only when a party flagrantly and wantonly refuses to facilitate discovery, not when
the failure to comply with a discovery request is accidental or involuntary.” Id. The record
should reflect that the trial court carefully considered the factors involved and all its options in
determining a just and appropriate sanction in the context of the case. Id.
The trial court reviewed plaintiff’s conduct, and concluded that her refusal to participate
in the court-ordered independent medical examination was willful where the refusal was made
on the advice of counsel, plaintiff failed to cooperate with two prior attempts to obtain an
examination, and plaintiff had failed to comply with other discovery orders. The court found
that the only proper response to plaintiff’s disregard of the court’s orders was dismissal. Plaintiff
has failed to show that the trial court abused its discretion in dismissing the case. The court did
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not err in vacating the arbitration order for plaintiff’s uninsured motorist coverage claim where
the insurance contract also provided for a medical examination.
Affirmed.
/s/ Jessica R. Cooper
/s/ Jane E. Markey
/s/ Patrick M. Meter
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