Schemer v. Peck

BERANEK, Judge.

Plaintiff appeals a final dismissal with prejudice of her complaint for failure to comply with a discovery order. We reverse. The facts are not disputed. An agreed order was entered in this medical malpractice case on June 9, 1980, giving plaintiff twenty (20) days to respond to certain interrogatories and a request for production. Plaintiff did not respond and defense counsel filed a motion to dismiss for failure to comply with the order. There was no contact between counsel and at the hearing plaintiff’s counsel indicated he had sustained two knee injuries and an episode with…