Wheeler v. Payless Super Drug Stores, Inc.

Opinion

MARTIN, J.

Plaintiff appeals from a judgment of dismissal for lack of prosecution of a personal injury action. (Code Civ. Proc., § 583.310.)

Facts

Plaintiff was injured while shopping in defendant’s McHenry Avenue store in Modesto on October 1, 1979. She tripped and fell over a protrusion in a display island, “sustaining injury to her body and shock and injury to her nervous system and person . . . .” Plaintiff filed her complaint on October 1, 1980, and served defendant Pay less with summons and complaint on June 25, 1982. On July 14, 1982, plaintiff’s counsel had a telephone…