Macarthur Patton Christian Ass'n v. Farm Bureau Insurance Group

The issue raised by the plaintiff’s application for leave to appeal is whether the trial judge abused her discretion in granting defendant’s motion to dismiss for failure of an agent of plaintiff to appear at his deposition. We conclude that the dismissal was an abuse of discretion.

I

The plaintiff commenced this action on September 21, 1976 seeking to recover on an insurance policy issued by the defendant for the alleged theft of certain cattle owned by the plaintiff. The defendant denied liability on the ground that the theft, if there was one, was by an employee of the plaintiff and thus…