Hammer v. Rosenthal Jewelers Supply Corp.

Appellant seeks review of the trial court’s order of dismissal in this personal injury action, entered as a sanction for failure to comply with discovery. We affirm; however, we remand to the trial court with directions.

The action was initiated by the Hammers based on the allegation that Mr. Hammer, a jeweler, allegedly contracted mesothelio-ma, a form of lung cancer, due to prolonged occupational exposure to asbestos dust from products manufactured by appel-lees. Mr. Hammer died, allegedly from mesothelioma, shortly after filing his complaint.

An emergency motion to enjoin burial and compel…