X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Concurring and dissenting opinion by: Karen Angelini, Justice

AFFIRMED IN PART; REVERSED AND REMANDED IN PART

Bridgett Fabila (“Bridgett”), Juan Antonio Fabila, Jr. (“Juan”), Juan Antonio Fabila, Sr., and Ana Elva Fabila, individually and in various representative capacities (collectively referred to as the “Fabilas”), sued DaimlerChrysler Corp. (“DaimlerChrysler) and North Star Dodge Sales, Inc. (“North Star Dodge”) after a horrific car accident that resulted in several deaths and numerous injuries. Alleging both witness and evidence tampering, DaimlerChrysler and North Star Dodge moved for sanctions against the Fabilas and their attorneys, Robert Kugle, Robert Wilson, III, and Andrew Toscano. After conducting a hearing, the trial court entered a final judgment holding Kugle, Wilson, and Toscano jointly and severally liable for more than $865,000 in monetary sanctions and imposing “death penalty” sanctions by dismissing the Fabilas’ personal injury and wrongful death suit. The Fabilas, Kugle, Wilson and Toscano appeal, contending the trial court: (1) abused its discretion in denying their motion to abate or stay the sanctions hearing; (2) assessed unjust or excessive sanctions; and (3) erred in admitting and excluding certain evidence. We affirm the portion of the trial court’s judgment assessing sanctions against Kugle, Wilson, and Toscano. We reverse the portion of the trial court’s judgment dismissing the underlying cause with prejudice and remand the cause to the trial court for further proceedings consistent with this opinion.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More

WittKieffer is proud to partner with Mom's Meals in the search for their Director of Legal Affairs. Mom's Meals is an investor-owned compan...


Apply Now ›

Nutley Law firm concentrating in plaintiff's personal injury for plaintiff seeks an Attorney with three or more years of experience in New J...


Apply Now ›

Our client, an outstanding boutique litigation firm based in Atlanta, is seeking to add an experienced Employment Litigation Attorney to the...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›