Schwartz v. Palachuk

[¶ 1.] Personal injury claimant appeals the denial of his motion to set aside the judgment of dismissal for failure to comply with discovery and lack of prosecution. We affirm.

FACTS

[¶ 2.] On April 28, 1996, an auto accident occurred on Interstate 29 near Baltic, South Dakota. A semi-trailer truck owned by Future Fast Freight, Inc. of Canada and driven by Jay Michael Palachuk (collectively defendants) slammed into the back of a Jeep Cherokee. The Jeep Cherokee was driven by Brian Kirsch. Paul Schwartz (Schwartz) and Kevin Erks were passengers in the Cherokee. 1

[¶ 3.] On December 23, 1996,…