TRISHA M. REID v. YVONNE M. BAYNE, et al.

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-1601-03T51601-03T5

TRISHA M. REID,

Plaintiff-Appellant,

v.

YVONNE M. BAYNE and

TANYALEE D. O'CONNOR,

Defendants-Respondents.

________________________________________________________________

 

Submitted July 5, 2006 - Decided July 26, 2006

Before Judges Lefelt and Axelrad.

On appeal from the Superior Court of

New Jersey, Law Division, Passaic

County, Docket No. L-2222-01.

Liebowitz, Liebowitz & Stern,

attorneys for appellant (William C.

Rindone, Jr., of counsel and on

the brief).

Respondents submitted no brief.

PER CURIAM

Sometime in 1999, the automobiles driven by plaintiff Trisha Reid and defendant Yvonne Bayne collided. Plaintiff brought suit in 2001 to recover damages for her alleged personal injuries. The matter was dismissed in 2002 after plaintiff failed to attend a physical examination that had been scheduled by the defense. Although defense counsel consented to restoration and the requirements of R. 4:23-5(a)(1) have been complied with, plaintiff's several attempts in 2003 and 2004 to restore this matter to the trial calendar have been unsuccessful. Consequently, plaintiff appealed to this court.

Defendant has not opposed the appeal and Judge Sabbath, in a submission filed pursuant to R. 2:5-1(b), notes that "[i]t is apparent that this matter must ultimately be restored to the active trial list." He suggests that the matter be remanded to reflect that the dismissal was "without prejudice, to provide for oral argument on the issue of vacating the dismissal, to address completion of the medical examination, and for a case management conference."

Although a lengthy period has transpired from the original dismissal of this matter, defendant appears not to have suffered any prejudice as the medical examination in question has been conducted and the various medical reports apparently rendered. We are at a loss to understand precisely why this matter was not restored by the trial court several years ago, and we correct that situation now. To eliminate any further delay, we exercise our original jurisdiction, R. 2:10-5, and vacate the various orders dismissing the matter, restore the complaint to the trial calendar, and remand for a case management conference. At the conference, besides deciding whether further discovery is needed, the court may also consider whether any monetary or other sanctions are necessary.

Vacated and remanded.

 

(continued)

(continued)

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A-1601-03T5

July 26, 2006