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Kugle v. Daimlerchrysler Corp.

Because "death penalty" sanctions were inappropriate for what the trial court perceived to be perjury by one of the plaintiffs and because the trial court did not consider lesser sanctions, the trial court abused its discretion in dismissing the suit.

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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.

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