Simmons v. Shimek

The plaintiff, Virgelean Simmons, filed a personal injury claim against the defendant, Paul Shimek, for injuries sustained in an automobile accident. The complaint was ultimately dismissed with prejudice based upon the plaintiff’s failure to comply with the Supreme Court Rules and orders of the circuit court concerning discovery. The plaintiff then moved to vacate the dismissal. The plaintiff’s motion to vacate was denied, and this appeal followed.

The defendant, in his motion to dismiss, alleged that the plaintiff violated the Supreme Court Rules and the orders of the trial court by failing…