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

Premium Subscription

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

Team Accounts

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

Bundle Subscriptions

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

General Counsel Conference East 2021

September 22, 2021 - September 23, 2021
New York, NY

GCC East addresses General Counsel trends in regulatory, data protection, tech management, legal operations, and leadership.


Register

New Jersey Legal Awards 2021

September 23, 2021
Virtual, NJ

New Jersey Law Journal honors lawyers leaving a mark on the legal community in New Jersey with their dedication to the profession.


Register

Women Influence & Power in Law Awards 2021

October 07, 2021
Washington, DC

Women Influence & Power in Law Awards honors women lawyers who have made a remarkable difference in the legal profession.


Register

Senior Corporate Counsel

Any City, Illinois, United States

We are a nationwide firm that specializes in structuring, financing and executing ESOP buyout transactions.  We are seeking an attorney...


Apply Now ›

(EXCLUSIVE) COMMERCIAL AGREEMENTS/CORPORATE COUNSEL WANTED FOR GLOBAL COMMUNICATION SOFTWARE COMPANY (Atlanta, GA)

Atlanta, Georgia, United States

Our client, a publicly-traded, communication software company, has engaged us to identify a Corporate Counsel for their North American legal...


Apply Now ›

LITIGATION ATTORNEY

Cheshire, Connecticut, United States

Mid-size law firm focused on Insurance Defense is seeking a highly personable, highly motivated litigation attorney to join the general liti...


Apply Now ›

JAVERBAUM WURGAFT HICKS

09/20/2021
NJLJ Web

JAVERBAUM WURGAFT HICKS mourn the passing of our Co-Founding Partner, collegue, and friend.


View Announcement ›

BARTON GILMAN LLP

09/14/2021
CLT Web

Barton Gilman Expands Into Connecticut


View Announcement ›

BARTON GILMAN LLP

09/14/2021
TLI Web

Barton Gilman LLP is excited to announce that its expansion into Philadelphia


View Announcement ›