Breza v. Schmitz

Appeal from an order of the Blue Earth County District Court dismissing with prejudice a personal injury action for failure to prosecute. We reverse.

Appellant alleges she was injured .in an automobile accident in October 1965. Suit was commenced in September 1971. A note of issue was served in July 1972. Problems developed in the discovery process, and appellant had difficulty retaining counsel. The court and respondents agreed to several continuances of respondents’ motion to dismiss for lack of prosecution, first made in October 1973.

A hearing on that motion was held January 6, 1974, at…