Sawh v. Bridges

I cannot agree with the majority that dismissal of the plaintiffs action is required because of the misdeeds of her attorney. Although I do not condone the course of conduct engaged in by the plaintiffs counsel in this case, I believe that a remedy should be fashioned which would adequately sanction the attorney and prevent undue prejudice to the defendants without depriving the plaintiff, who is personally blameless, of her day in court. Accordingly, I would modify the order appealed from so as to preclude the plaintiff from offering any evidence at the trial regarding the CAT scan performed…