Legal Opinion

Banaszewski v. Colman

Michigan Court of Appeals

Decided December 8, 1983No. Docket 65440PublishedCited by 9 opinions

1Per curiam

Plaintiff appeals as of right from the dismissal, with prejudice, of her suit alleging medical malpractice. The dismissal was based on plaintiff’s failure to comply with a pretrial order requiring her to file a specific statement setting forth the "area of malpractice concerning each defendant and defendant’s failure to perform in relation thereto”.

Plaintiff concedes that a trial judge has the authority to dismiss an action where a party has failed to comply with a court order. Plaintiff claims, however, that its pretrial statement did comply with the judge’s order. We disagree and affirm.

GCR…

2Cases cited3 opinions

  1. Applebaum v. WechslerMichigan Supreme Court · 1957
  2. Kromat v. VestevichMichigan Court of Appeals · 1968
  3. S & S Excavating Co., Inc. v. Monroe CountyMichigan Court of Appeals · 1971

3Cited by9 opinions

  1. Sander v. Dow Chemical Co.Illinois Supreme Court · 1995
  2. S.W. Croes Family Trust v. Small Business AdministrationSouth Dakota Supreme Court · 1989
  3. Edge v. RamosMichigan Court of Appeals · 1987
  4. Schell v. Baker Furniture Co.Michigan Court of Appeals · 1999
  5. Thorne v. CarterMichigan Court of Appeals · 1986

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