McElroy v. Westin Hotel Co.

SMART, Judge.

Darryl McElroy filed suit against the Wes-tin Hotel Company (“Westin”) to recover damages for personal injuries sustained during his stay at the Westin Crown Center Hotel in Kansas City, Missouri. The Associate Circuit Division of the Jackson County Circuit Court dismissed McElroy’s petition based upon his failure to comply with certain discovery orders. This dismissal was designated “without prejudice.” McElroy filed an application for a trial de novo. The circuit court dismissed MeElroy’s application. McElroy appeals claiming that the trial court erred in dismissing his…