Mills v. Davis

MCGRAW, Justice.

Appellants and plaintiffs below appeal the lower court’s dismissal of them tort action arising from a car accident in Wayne County, West Virginia. After settling with the original defendants, appellants continued their action against them own underinsured motorist carrier, State Farm. Appellant Milton Lee Mills failed to attend an independent medical examination scheduled within a month of trial. Communication between the parties suggested that both would seek a continuance, but instead, counsel for State Farm moved for sanctions. In response, the lower court dismissed the…