Sander v. Dow Chemical Co.

The issue raised in this appeal is whether Illinois Supreme Court Rule 219(c) (134 Ill. 2d R. 219(c)) authorizes a trial court to dismiss a cause of action with prejudice due to repeated violations of court orders to file amended pleadings and the failure to respond to a discovery-related defense motion. We also determine whether, notwithstanding Rule 219(c), a trial court has the inherent power to dismiss a cause of action with prejudice because of such violations.

Plaintiffs, Elizabeth and James Sander and their two minor children, filed a one-count complaint in the circuit court of Cook…