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STUART G. DENMAN, SR. v. LARRY C. HARDY

SEPTEMBER 14, 1983

STUART G. DENMAN, SR.
v.
LARRY C. HARDY



BEFORE PATTERSON, HAWKINS AND PRATHER

PRATHER, JUSTICE, FOR THE COURT:

Stuart Denman sought an injunction and damages from his neighboring landowner, Larry Hardy for allegedly flooding his land by the construction of a levee and culvert near an outlet on the Tallahatchie River. From a denial of relief

in the Chancery Court of Tallahatchie County, Denman appeals.

 Assignments of error may be summarized as two: (1) that the chancellor erred in permitting two defense expert witnesses to testify when the defendant's responses to interrogatories were not adequate or supplemented and (2) that the verdict was contrary to the law and evidence. We affirm the trial court.

 IA.

 The question presented is whether sanctions should be imposed for failure to adequately respond to interrogatories in absence of a prior court order requiring response. Denman propounded interrogatories to Hardy pursuant to section 13-1-233, Miss. Code Ann. (1972). These questions were:

 (1) Identify each person whom you intend to call as an expert witness at the trial and for each expert so listed, state:

 a) The subject matter on which the expert is expected to testify;

 b) The substance of the facts and opinions to which each expert is expected to testify;

 c) A summary of the grounds for each expert's opinions.

 Hardy's response was:

 A: At the present time the only expert whom I have contacted is Engineer Joseph F. Mooney, Jr., Clarksdale, Mississippi.

 (a) Mr. Mooney is expected to testify that the gated pipe was of sufficient size to drain the area which it was designed to drain.

 (b) Mr. Mooney has made such measurements and run such levels as were necessary to reach the ...


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