Collins v. Koppers, Inc.

Appellant Shirley Collins filed suit against Appellees-Defendants Koppers, Inc. and several others, alleging she was injured as a result of environmental contamination caused by a wood-treatment facility. The Defendants filed a motion to dismiss after Collins repeatedly failed to comply with a court order to provide expert opinions that causally linked her injuries to the alleged contamination. The trial court granted the Defendantsâ motion to dismiss and awarded them attorneyâs fees. On appeal, Appellant argued that the trial court abused its discretion when it did not grant her enough time to respond to Defendantsâ discovery requests. âIt is obvious that the trial judge exercised considerable patience and restraint in dealing with the delays caused by [Appellantâs] counsel. The record is replete with examples of instances of the failure of [Appellantâs] counsel to abide by the orders of the trial court.â Finding no abuse of discretion, the Supreme Court affirmed the trial courtâs ruling.