Bartlett v. Peak

HUNTLEY, Justice.

The sole issue on appeal is whether the trial court abused its discretion in granting defendant’s motion to dismiss pursuant to Rule 41(b).

Colleen Bartlett had an automobile collision with a black calf, allegedly owned by Donald Peak, on November 20, 1979. Mrs. Bartlett suffered serious injuries from the accident, and three months later, on February 27, 1980, she and her husband brought suit against Mr. Peak seeking damages. The following month, on March 28, 1980, Mr. Peak filed his answer to the complaint. Approximately four months later, upon request, appellants sent an…