Civil Procedure – dismissal for failure to comply with discovery: Nolan v. Neely-Thoms (COA 6/5/2009)

Nolan v. Neely-Thoms

2008-CA-001046 06/05/2009 2009 WL 1562959 Released for publication

Opinion by Chief Judge Combs; Judge Thompson and Senior Judge Buckingham concurred. The Court affirmed an order of the circuit court dismissing with prejudice a personal injury action against appellee. The Court held that the trial court did not abuse its discretion by dismissing the complaint pursuant to CR 41.02(1), as a result of appellant’s pattern of dilatory pretrial practice producing numerous unreasonable delays resulting in a prejudicial burden for appellee. In light of appellant’s refusal to assume control of the action, coupled with her pattern of totally ignoring orders of the trial court, the circuit court had no alternative other than dismissal.