Legal Opinion
Pegues v. Illinois Central Railroad
Court of Appeals of Tennessee
Decided July 22, 2008No. W2007-01983-COA-R3-CVPublishedCited by 27 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · FarmerDavid R. Farmer, J.
in which ALAN E. HIGHERS, P.J., W.S., and WALTER C. KURTZ, SR. J., joined.
Plaintiff failed to comply with the trial court’s discovery order to produce two witnesses for deposition within forty-five days, and Defendant moved to dismiss under Tennessee Rule of Civil Procedure 37.02. Plaintiff appeals, asserting the trial court abused its discretion where there was no evidence of willful or dilatory conduct by Plaintiff. We vacate and remand.
The only issue presented to this Court on appeal is whether the trial court abused its discretion when it dismissed Plaintiffs cause of action for…
3Cases cited5 opinions
- State v. LewisTennessee Supreme Court · 2007
- Mercer v. Vanderbilt University, Inc.Tennessee Supreme Court · 2004
- Lyle v. Exxon Corp.Tennessee Supreme Court · 1988
- Alexander v. Jackson Radiology AssociatesCourt of Appeals of Tennessee · 2004
- Holt v. WebsterCourt of Appeals of Tennessee · 1982
4Cited by27 opinions
- Langlois v. ENERGY AUTOMATION SYSTEMS, INC.Court of Appeals of Tennessee · 2009
- Kendra D. Carter v. Retha BattsCourt of Appeals of Tennessee · 2011
- Tennison Brothers, Inc. v. William H. Thomas, Jr.Court of Appeals of Tennessee · 2017
- Anthony D. Childs v. UT Medical Group, Inc.Court of Appeals of Tennessee · 2012
- Dhyanna Muro Ramirez v. Bridgestone/Firestone, Inc.Court of Appeals of Tennessee · 2013
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