A driver brought an action against a vehicle manufacturer seeking to recover for injuries sustained when a 1983 Honda 200E ATC malfunctioned, causing the driver to fall off.
The trial court issued an order imposing liability as a sanction for the manufacturer’s discovery violations.
The Alaska Supreme Court held that: (1) the evidence supported a finding of willful violations, and (2) the discovery sanction ordering the issue of liability to be taken as established was not impermissible punishment, but rather, was sufficiently tailored to manufacturer’s discovery violations.
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