Dupay v. KRUGERS INCORPORATED

Appeal from a judgment of the district court dismissing an action for personal injuries with prejudice.

The action involves a claim for damages sustained as a result of an automobile accident on December 19, 1964. The case was set for trial on October 31,1966; January 12,1967; April 27, 1967; and March 11,1968. On each date, the case was continued through no fault of counsel for either party. On January 12,1968, the case was set for trial for April 25, 1968.

On April 24, 1968, counsel for plaintiffs contacted his clients and was advised that the only medical expert was out of town and would not…