Mestas v. Peters

This personal injury action was dismissed with prejudice prior to trial. The grounds for dismissal were the failure of plaintiff to appear for a deposition and medical examination. Plaintiff appeals.

Because the record is important to the extent of the court’s authority and to whether it abused its discretion, it will be set forth in detail. The automobile accident, out of which plaintiffs claim arises, occurred March 14, 1973. The case was filed January 21,1975. An answer was filed and the case was at issue on April 18, 1975. Plaintiff, by this time, was a resident of Alaska.

On July 1, 1976,…