Nonsuit based on Failure to Provide Discovery

Pertef Bylykbashi v. Public Service, Connecticut Superior Court, Docket No. 16-6071062 (January 18, 2018)

This lawsuit concerned a first-party property insurance claim involving water damage resulting from roof leaks that occurred on February 25, 2015. There was also a claim for costs to replace the roofs on two buildings, which were reconstructed eight years before the loss. The carrier denied the claims and litigation followed.

During discovery, Mound Cotton’s client, Public Service, focused on developing evidence of damages and causation. When that evidence was not forthcoming, Public Serve moved to compel, and the court directed the insured to produce all outstanding documents in support of its claims of interior water damage and exterior roof damage. The insured failed to meet the court’s deadline, and a few weeks later only produced six pages of material, the majority of the which pertained to repairs at another of the insured’s businesses. In short, the insured failed to comply with the court’s discovery order, which prompted a nonsuit motion.

On January 18, 2018, the court granted Public Service’s motion, effectively dismissing the case. In accordance with the Connecticut Practice Book, nonsuit is an appropriate sanction for failing to provide discovery. The insured had four months from the date of the order granting the nonsuit to establish that it had a good cause of action and was prevented from prosecuting its case because of mistake, accident, or other reasonable excuse. The insured failed to file the appropriate motion to restore the case.

Public Service was represented by partner Kevin F. Buckley and special counsel Jodi S. Tesser.


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