McConnell v. Wright

Because the trial court abused its discretion in dismissing this complaint without a hearing after these pro se plaintiffs did not appear at their scheduled depositions on a single occasion, I respectfully dissent. Such a dismissal is only authorized in the most flagrant cases, and the entire record of this case, even disregarding the McConnells’ affidavits7 filed with their motion to set aside, shows that, at worst, this is a case of negligence, not wilfulness.

*551The record shows that State Farm’s counsel knew that the earlier depositions were rescheduled by agreement, yet represented to the…