Hill v. Tevogt

Summary

The Nebraska Supreme Court held that the district court abused its discretion by excluding the defendant's affidavit statements as a discovery sanction for failing to attend two depositions. Because the excluded evidence supported the defendant's fraud defenses and counterclaims and created a genuine issue of material fact, the court reversed the summary judgment and remanded for further proceedings.

Holdings

1. Under Neb. Ct. R. Disc. § 6-337, the court may sanction a party who fails to attend the party's own deposition even without a prior discovery order.
2. The district court abused its discretion by imposing the severe sanction of excluding Tevogt's affidavit statements.
3. The grant of summary judgment for Hill and Thorsen was erroneous because the excluded evidence created a genuine issue of material fact concerning the underwriting-account shortfall.

Questions Presented

1. Whether the district court abused its discretion by excluding Tevogt's affidavit statements as a discovery sanction for his failure to attend two depositions.
2. Whether the district court erred in granting summary judgment to Hill and Thorsen after excluding the affidavit evidence.

Disposition

reversed_and_remanded