Cook v. Schwab Rehabilitation

Plaintiff appeals the denial of his motion to vacate an order to dismiss his complaint against defendants for failure to answer interrogatories. The sole issue presented for review is whether the trial court’s denial of plaintiff’s motion to vacate was an abuse of discretion. We reverse and remand.

On November 11, 1976, plaintiff, Robbie Cook, was appointed administrator of the estate of Katalina Dejon. On November 24,1976, he filed suit on behalf of the decedent against various defendants, including Schwab Rehabilitation Hospital and Dr. Gouri Chadhuri, alleging negligence and malpractice.…