Donner v. Deere & Co.

The plaintiff, Michael L. Donner, retained attorney Marc A. Taxman to file this personal injury suit against the defendants, Deere & Company and Western Structural Company. The suit progressed as scheduled and was near trial when attorney Taxman failed to appear at a pretrial conference scheduled for April 8, 1993. Thereupon, the trial court dismissed the cause of action with prejudice as a sanction pursuant to Supreme Court Rules 218 and 219(c) (134 Ill. 2d Rules 218, 219(c)). The plaintiff appeals. We reverse because the drastic sanction of dismissal with prejudice should only be imposed…