Vilsick v. Standard Insulations, Inc.

In this procedurally unusual ease, plaintiffs, the surviving children of James B. Burton, appeal the denial of their motion to set aside the October, 1990 dismissal of their wrongful death claim against numerous corporate defendants. We affirm.

The facts are undisputed. On December 5,1983 plaintiffs filed a wrongful death action against defendants. In October, 1990, the trial court, without providing actual notice or an opportunity to be heard, dismissed for failure to prosecute all of its cases which had been pending for more than two years and which were not on a trial docket 1 All…