Ariz. Appeals Court Affirms Penalties for Discovery Violations

PHOENIX - Arizona's Court of Appeals has affirmed dismissal of a personal injury lawsuit against a former landlord as a sanction for the plaintiff's failure to disclose other mold exposures. Cowart v. Pazderka, No. 1 CA-CV 07-0039 (Ariz. Ct. App., Div. 1).

The Court of Appeals, Division One, also added the costs of the appeal to the $71,804 in fees and costs already awarded to defendant/appellee Robert Pazderka.

Robert Cowart sued Pazderka in October 2004, alleging unspecified injuries because of exposure to mold in a house he rented from Pazderka from May 2001 to October 2003.

In January …