Firoved v. General Motors Corporation

Rogosheske, Justice.

The question we are required to answer on this appeal is whether the trial court erred in dismissing plaintiff’s cause of action with prejudice for “want of prosecution” immediately following denial of plaintiff’s motion to dismiss without prejudice and refusal of plaintiff’s counsel to proceed to trial as directed.

On November 6, 1962, plaintiff, a 49-year-old truckdriver then residing in North Dakota, sustained serious personal injuries when a 1962 General Motors diesel tractor and trailer driven by him went out of control on Highway No. 52 near Kenmore, North Dakota. On…