Lori K. O’Tool and Amber Hazelquist recently obtained a complete dismissal of a slip and fall case on behalf of their restaurant client. Plaintiff alleged the restaurant was liable for injuries arising from a slip and fall, but she only reported the fall to the restaurant five months after the date of the alleged injury. Plaintiff’s attorneys withdrew when it was confirmed through the restaurant’s responses to Plaintiff’s written discovery requests that the restaurant had no contemporaneous record of Plaintiff’s fall. The now pro se plaintiff did not respond to interrogatories and requests for production served on her, so after winning a motion to compel discovery responses and for sanctions was ignored by the plaintiff, Ms. O’Tool and Ms. Hazelquist filed a motion for default and dismissal. The trial court found that the Burnet factors, relating to when a lawsuit can be dismissed for violation of a court order, were met. The Judge found it important that the Plaintiff did not pay the earlier imposed sanctions or file a written response to the motion to compel or motion for default. The final order on the matter dismissed the Plaintiff’s lawsuit in its entirety with prejudice.
October 24th, 2018|News|