Herrera v. Levine

On the first day of trial, March 23, 1987, the trial court dismissed with prejudice plaintiffs’ chiropractic malpractice case against defendant due to plaintiffs’ inability to proceed with trial. Plaintiffs appeal as of right from the dismissal and a subsequent order granting costs and attorney fees.

A brief history of the events relating to this appeal is as follows:

February 21, 1985 Suit filed.

April 26, 1985 Interrogatories served requesting identity and opinions of plaintiffs’ expert witnesses.

December 10, 1985 Defendant prepared a motion to compel answers within twenty-eight days of…