Kozlowski v. Sears, Roebuck & Co.

73 F.R.D. 73 (1976)


Kozlowski (P) sued Sears (D) in product liability when a pair of pajamas ignited. P was a minor. P filed a request to produce a record of all complaints of similar accidents and resulting injuries or deaths from D's pajamas catching on fire. D filed a motion to quash, and P filed a motion to compel discovery under Rule 37. P prevailed on January 22, 1976, and discover was ordered in 30 days. P filed a motion for entry of default judgment under Rule 37 on April 16th. The court ruled that D's failure to comply was willful and deliberate and entered default judgment on the issue of liability and conditioned its removal on full compliance. D filed a motion to remove the default judgment on September 14th. The court denied removal of the default on October 20th.