McComas v. Ross

I respectfully dissent. I disagree with the reasoning and analysis of the majority. The judge’s decision to dismiss McComas’s case for failure to prosecute was a proper exercise of discretion. I VOTE to AFFIRM.

FACTUAL/PROCEDURAL BACKGROUND

McComas and Ross were involved in a car accident on December 13, 1999. McComas initiated this action, and the case was number fifteen on the jury trial roster for the court week which began on Tuesday, September 7, 2004. The case was called to trial at 2:00 p.m. on the afternoon of September 8.

McComas was not present when the trial began. Her attorney…