Opinion
76011.
DECIDED APRIL 11, 1988.
Action for damages. Twiggs Superior Court. Before Judge Douglas.
Chevene B. King, Jr., for appellant.
C. Ashley Royal, Leigh G. Brogdon, for appellees.
In this personal injury action, defendants served interrogatories upon plaintiff on or about December 9, 1986. Answers to the interrogatories were not forthcoming. Accordingly, on July 29, 1987, defendants moved for an order compelling plaintiff to answer the interrogatories. Such an order was issued on August 6, 1987. Therein, plaintiff was ordered to `answer defendants' interrogatories within 15 days. Plaintiff did not answer the interrogatories within the time allotted and, on September 8, 1987, defendants moved for sanctions. Two days later, without affording plaintiff a hearing, the trial court granted defendants' motion for sanctions and dismissed plaintiff's complaint. This appeal followed. Held:
The trial court erred in imposing the sanction of dismissal without affording plaintiff an opportunity to explain the circumstances surrounding noncompliance with the August 6, 1987 order. Harwood v. Great American Mgt. Investment, 164 Ga. App. 703 ( 298 S.E.2d 263); Delta Equities v. Berry, 127 Ga. App. 590 ( 194 S.E.2d 284). See also Swindell v. Swindell, 233 Ga. 854 ( 213 S.E.2d 697); Maxey v. Covington, 126 Ga. App. 197 ( 190 S.E.2d 448). After all, the sanction of dismissal cannot be imposed without a showing of willfulness. Swindell v. Swindell, 233 Ga. 854, supra.
Judgment reversed. Pope and Benham, JJ., concur.