Barr v. MacGugan

Allison Barr’s lawsuit against John MacGugan was dismissed after her attorney failed to comply with an order compelling responses to discovery re*45quests. Unbeknownst to her and the court, Barr’s attorney was suffering from severe clinical depression. When Barr learned of the dismissal, she successfully moved to vacate the order of dismissal under CR 60(b). MacGugan contends on appeal that the trial court abused its discretion when it reinstated Barr’s lawsuit. We find no abuse of discretion, because her attorney’s mental illness, of which Barr was unaware, constituted extraordinary…