Industrial Roofing Services, Inc. v. Marquardt

¶ 100. {dissenting). I agree with the legal principle advanced today by the majority opinion: "[I]t is an erroneous exercise of discretion for a circuit court to enter a sanction of dismissal with prejudice, imputing the attorney's conduct to the client, where the client is blameless." Majority op., ¶ 60.

¶ 101. I disagree, however, with the application of the legal principle in the present case, and I therefore dissent.

¶ 102. The circuit court did not apply this legal principle but cited to and applied the majority opinion in the Johnson case, which allowed the circuit court to impose…