DeNardo v. ABC Inc. RVs Motorhomes
In DeNardo v. ABC Inc. RVs Motorhomes, 51 P.3d 919, 923 (Alaska 2002) the Court discussed why the non-offending party suffered prejudice as a result of DeNardo's discovery violations, the supreme court focused solely on the difficulties that the non-offending party would have encountered if they had been forced to trial without the information that DeNardo refused to disclose. 51 P.3d at 924-25.
The supreme court did not discuss the possibility that, if a continuance had been granted, DeNardo might eventually have been coerced into making the required disclosures.
In DeNardo, the Court held that, despite a civil defendant's constitutional right to due process and right to trial by jury, it was constitutional for the trial judge to grant judgement against DeNardo because of his willful discovery violations. 51 P.3d at 927-28.
The supreme court declared, "A party willfully refusing to comply with a discovery order risks ultimate loss of its case, whether through dismissal (if the recalcitrant party is the plaintiff) or imposition of liability (if the non-complying party is the defendant)." Id. at 927.