Cox v. Magers, 2018 MT 21 (Feb. 13, 2018) (Baker, J.) (5-0, aff’d)
Issue: (1) Whether Coxes failed to comply with the judicial process; and (2) whether the district court’s discovery sanctions were overly severe.
Short Answer: (1) Yes, and (2) no.
Facts: Magers was driving in downtown Kalispell when he rear-ended Cox’s car. Magers admitted he was not paying attention. Coxes filed suit against Magers almost three years later, and served the complaint almost three years after that. Ten days after service, Magers mailed discovery requests to the Coxes at their address of record, a post office box in Plains. The next day Magers filed his answer and a motion to change venue, serving both at the same P.O.…