Willis v. Rca Corp.

Plaintiff appeals from an order dismissing his action with prejudice because he failed to appear at a pretrial. Since the record does not show that plaintiff’s absence was contumacious, deliberately dilatory, or gross misconduct, the dismissal with prejudice was too harsh a penalty. Therefore, we modify the dismissal to be without prejudice.

Plaintiff filed a verified complaint seeking injunctive relief and money damages. He claimed that a national television network, its local subsidiary station, and a local television reporter were broadcasting allegedly defamatory material.

The court denied…